Schools withdraw application of leave to appeal on school closures case
We are pleased to announce that today the 14 schools which appealed to the Constitutional Court against the decision by the Western Cape Education MEC to close them have accepted the Western Cape Government's proposal that they withdraw their application for leave to appeal on the basis that we will start the process again.
We made this offer, despite the unanimous judgment of the Supreme Court of Appeal in our favour, for the following reasons:
The amount of time that has elapsed since the decision to close the schools will be at least four years once the Constitutional Court process is finished. This may render the facts upon which the decision to close was initially taken potentially irrelevant.
The future of the learners has remained and will remain uncertain pending the finalisation of the matter should this continue in the Constitutional Court.
Even in the event that the Constitutional Court finds in our favour, which we believe they would, the fact that so many years have elapsed would in our view necessitate that we reassess the situation.