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The Supreme Court of Appeal (SCA) has dismissed appeals brought by Equal Education and the South African Democratic Teachers’ Union (SADTU) challenging key provisions of the Western Cape’s education reforms, affirming the legality of the Democratic Alliance (DA)-led Western Cape Government’s approach to improving learner success.

This judgment is not surprising, as it upholds the Western Cape High Court’s 2023 ruling and confirms that collaboration and donor-funded schools can lawfully be established under provincial legislation.

The SCA also rejected SADTU’s challenge to the Western Cape Schools Evaluation Authority (WCSEA), finding that its establishment does not infringe collective bargaining rights and recognising its positive results and benefits for learners. In fact, the WCSEA’s 2024/25 report demonstrates the value of this approach, with more than 90 school evaluations conducted across the province to strengthen teaching and learning.

Peter Johnson, MPP, DA Western Cape Spokesperson on Education, said: “This judgment affirms that the Western Cape’s education reforms are firmly grounded in the Constitution and centred on the best interests of learners. Under the leadership of the DA, the Western Cape Education Department have been building an education system that embraces innovation, strengthens accountability and gives schools the tools they need to improve learner outcomes.”

The same approach underpins intervention facilities, which the SCA found were challenged prematurely. The Court recognised their purpose in supporting learners found guilty of serious misconduct, avoiding unnecessary expulsion, addressing behavioural challenges and facilitating their successful reintegration into schools.

Johnson concluded: “This judgment creates greater certainty for the continued implementation of these reforms. The people of the Western Cape can be proud of an education system that responds with practical interventions that put learners first. This is what responsible DA governance looks like: innovation, accountability and a relentless focus on better outcomes for our children.”

Issued by DA Western Cape Spokesperson on Education Peter Johnson, MPP -