The Western Cape High Court has found that the Provincial Education Department’s (WCED) school admissions policy unfairly discriminates against marginalised learners. 

This follows a judgment in the court on 28 November, after legal action brought against the WCED by the Equal Education organisation and the Equal Education Law Centre. It argued that the department’s handling of late applications often left many learners from poor and working-class backgrounds without a school place.  

“Over the years, learners from poor, working-class backgrounds have faced persistent systemic barriers to accessing education in the Western Cape, due to the  Western Cape government’s exclusionary, non-poor approach… For over a decade, the WCED has continued to approach late and extremely late learner admission applications in a way that excludes learners from poor and working-class backgrounds,” read the organisation’s statement. 

Equal Education welcomed the ruling, saying it confirmed that learners across Khayelitsha, Kraaifontein, Kuilsriver, Strand and surrounding communities have an equal right to access basic education. The organisations said the Court found the department’s policy “discriminatory, unconstitutional, and structurally biased against Black working-class and marginalised communities”. 

“The Court has now held that the WCED has systemically failed to plan for and manage late, extremely late, and transfer applications, resulting in thousands of learners being left without school places for unreasonable periods year after year.” 

However, Education MEC David Maynier emphasised that the ruling was not unanimous.  

He cited a minority judgment, which stated that the main ruling was “flawed”.  

“The dissenting judgement states… that the Admissions Policy “does not discriminate, let alone unfairly so, on the basis of race, poverty, place of birth and social origin,” said Maynier.  

He stressed that the department had made “extensive support available to parents for extremely late applications” and argued that the WCED invests in infrastructure where demand is expected to rise.  

“We do everything we can to place extremely late applicants as quickly as possible, despite these applications arriving over 8 months late.” 

According to Equal Education, the court has ordered a review of clause 13 of the WCED’s Learner Admission Policy, and that the department come up with a revised admissions management plan in the next six months.  

“The plan must include: clear timelines, designated responsible officials, systems for engaging parents who lack documents and hotspot-based planning for high-demand, low-capacity areas. The Court stressed that it is crucial that stakeholders are listened to on how resources should be allocated and how the systemic issues can be addressed,” read the Equal Education statement.  

Maynier said the department is now taking legal advice on the matter and is considering appealing the ruling.  

Meanwhile, Equal Education said it would monitor the implementation of the Court’s order.