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Concourt judgment on unplaced pupils to be challenged

In the notice of motion, the parties stated they wanted the Western Cape Education Department (WCED) to file an affidavit on a bi-monthly basis regarding the steps taken to ensure places were available for learners at public schools for 2022 academic year.

In the notice of motion, the parties stated they wanted the Western Cape Education Department (WCED) to file an affidavit on a bi-monthly basis regarding the steps taken to ensure places were available for learners at public schools for 2022 academic year.

Published Jul 5, 2021

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Cape Town - The Parents for Equal Education SA (Peesa), with the support of the ANC in the province, has vowed to explore all legal avenues after their application at the Constitutional Court over unplaced learners was dismissed.

In the notice of motion, the parties stated they wanted the Western Cape Education Department (WCED) to file an affidavit on a bi-monthly basis regarding the steps taken to ensure places were available for learners at public schools for 2022 academic year.

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This as many learners remained unplaced for more than a school term.

Peesa founder Vanessa Le Roux said she was not surprised that the DA rejoiced in the “violation of the rights of black learners as they were being themselves”.

“The fact is that these learners are not placed. This is a consistent failure every year, and we predict that in 2022 it will be worse than what we have seen this year.

“For that reason, her celebrations will be very short, as we have never stopped seeking justice for these learners and communities. It is despicable that in her position, she celebrates such failures.”

Le Roux said the decision of the apex court was a small setback to their pursuit for justice for the poor.

“As the Constitutional Court did not pronounce on the main merits of the application, but merely that it doesn't regard it as suitable to sit as court of first and last instance. Our legal team is working hard to launch a fresh application in the High Court.”

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ANC education spokesperson Khalid Sayed said the application was purely parents-led.

“The ANC is only giving political support as is required of us. These are parents who approached the ANC for assistance because they were in dire need. We are disappointed that the Concourt has denied direct access. This is merely the first step.”

Kerry Mauchline, spokesperson to Schäfer, said the WCED demonstrated disputes of fact with the parents and other involved parties.

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“We are pleased that this was recognised by the court, resulting in the application being dismissed. We urge parents to allow their children to attend the legal, safe schools in which they have been placed. The parents of all learners seeking placement for 2021 in the province have been offered places.”

The DA provincial spokesperson on Education Lorraine Botha said the party welcomed the ruling and claimed the application for direct access was politically motivated.

Cape Times

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