W Cape Education studies court ruling on learner admission policy


The Western Cape Education Department says it is studying the High Court’s landmark ruling on its learner admission policy.

Equal Education approached the Western Cape High Court in April. This is an effort to declare the department’s failure to plan for and timeously place late applicant learners in schools unconstitutional and in violation of their rights to dignity and equality.

The court found that because the department failed to plan for predictable late admissions, learners from marginalised communities were disproportionately left unplaced, sometimes for months.

The court has ordered that the department produce a revised, rights-aligned admissions management plan within six months.

Western Cape Education MEC spokesperson Kerry Mauchline says they are seeking legal advice on the judgment, including on the potential for appeal.

“We have noted the judgment and note that it was not unanimous. The dissenting judgment states that the main judgment is flawed and that the admissions policy does not discriminate, let alone unfairly so on the basis of race, poverty, place of birth, and social origin.”

“We have made extensive support available to parents … for extremely late applications to communicate essential information and to assist parents in applying for places in schools,” adds Mauchline.