Mmusi Maimane is not fazed by the Constitional Court's dismissal of the One South Africa Movement's application to block the reopening of schools on June 8.
The apex court denied it a hearing, but Maimane said on Friday it did not mean a loss for his organisation and that they could approach a lower court to hear the matter.
The Constitutional Court said the organisation's application did not meet the standards for urgent direct access to the court.
Maimane's One South Africa Movement has spoken out against the government's plans to reopen schools on June 8. The former DA leader has cited unreadiness and the safety of learners as the reason behind the court application.
He said they would consult their legal team and decide on whether to approach the High Court to hear the matter.
Maimane insists that schools will not be ready to reopen on June 8 as set out by Basic Education Minister Angie Motshekga. He is not alone on the matter, with teacher unions also expressing their concerns that not all schools will be ready to receive learners.
Motshekga had delayed the reopening of schools, which was initially supposed to take place on June . But after discussions with unions and following the assessments around the country, she decided to delay the decision.
Her department said 90% of schools would be ready by June 8.
The Western Cape had been the only province that opened its doors to learners on Monday after its Education MEC Debbie Schäfer said schools in the province were ready to receive learners.
The schools that had not received masks, sanitation would not be allowed to re-open, Motshekga had said.