By Ragheema Mclean

An urgent application by Equal Education (EE) and the Equal Education Law Centre (EELC) against the Western Cape Education Department (WCED) and the Department of Basic Education (DBE) for the immediate placement of unplaced learners was struck off the roll at the Western Cape High Court on Friday.

EE’s application sought the immediate placement of unplaced learners in schools within the Western Cape’s Metro East Education District.

Speaking on VOC Breakfast Equal Education’s General Secretary, Noncedo Madubedube, expressed disappointment with the court’s decision, stating that the issue of unplaced learners has persisted over several years and that the WCED and DBE are aware of the crisis but have not effectively addressed it.

She stressed, “It is nearing the end of April and there are still quite a few numbers of leaners in the Western Cape who are still not placed for the 2024 school year.”

“The reason why we took this to an urgent roll in the court is because this isn’t just a phenomenon of just this year, this was the case last year and the year before. We have been raising these concerns since 2022.”

Madubedube said that the court ruled to strike off the urgent application, questioning its urgency and noting that many of the learners named in the case were already placed.

However, Equal Education argued that the matter was urgent, emphasizing the constitutional right to education for all children.

“On Friday when we make our first court appearance the judge ruled to have the application struck off the roll we asked the judge why we weren’t given an opportunity to state why it should be on the court roll.”

In response, Western Cape MEC for Education David Maynier expressed surprise at Equal Education’s actions, stating that they are actively resolving cases of unplaced learners but were not provided with sufficient information initially by Equal Education.

“We are currently resolving the remaining cases where Equal Education initially provided us with insufficient information to identify and place the learners.”

“Whenever we are made aware of learners needing a place, we act immediately to find a place for them in a school and to resolve any issues that arise in the process. So, it is deeply disappointing that Equal Education once again approached the court on matters that have already been resolved or could have been resolved through engagement with the WCED.”

The matter is set to continue in the High Court as Equal Education seeks to address the ongoing issue of unplaced learners, particularly in marginalized communities.

VOC News

Photo: EElawcentre/ X