The Western Cape Education Department is reviewing a High Court ruling that declared its learner admission policy unconstitutional. The decision highlights failures in placing late applicants, particularly from marginalized communities. The department must now develop a revised plan within six months.
In a significant judgment, the Western Cape High Court ruled that the Education Department's approach to learner admissions violates constitutional rights. Equal Education, an advocacy group, filed the case in April, challenging the department's handling of late applications. The court determined that inadequate planning for these predictable late admissions left many students, especially from disadvantaged backgrounds, without school placements for extended periods, sometimes months.
This disproportionate impact on marginalized communities underscores broader issues of dignity and equality in education access. The ruling mandates the department to create a new admissions management plan aligned with rights protections, to be completed within six months.
Western Cape Education MEC spokesperson Kerry Mauchline responded by stating the department is obtaining legal advice, including on appeal possibilities. "We have noted the judgment and note that it was not unanimous," Mauchline said. "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."
Mauchline also emphasized support measures already in place: "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."
The case draws attention to ongoing challenges in South Africa's education system, where timely placement remains a barrier for vulnerable learners. As the department studies the ruling, stakeholders await further developments on implementation and any potential appeals.