Minister of Education Donald Grant: Decision to appeal school closure judgment
21 Aug 2013
After engaging with the national Minister of education, representatives of the Western Cape Government and our legal team, it has been decided to apply for leave to appeal the High Court judgment on school closures.
The decision in this regard is motivated primarily by how the decision of the High Court will, and is, affecting our capacity to ensure that children are educated in the best available schools, and devote our resources rationally to that end. The 17 schools affected will continue to operate as per normal.
Our application for leave to appeal contains more than twenty separate grounds for appeal.
The majority judgment has serious consequences for any future decision by an education department to close a school - both within the Western Cape and in the other Provinces. This is often necessary to achieve the best possible education outcomes for children. The judgment does not provide concrete recommendations on how to proceed with school closures, making it virtually impossible to apply the Act in such a way which allows for consistent decision making.