The Supreme Court of Appeal has dismissed legal challenges against the Western Cape government’s education reforms, ending a years-long legal battle over collaboration schools, donor-funded facilities and learner intervention programmes.

In a judgment delivered on 3 September 2026, the country’s second-highest court rejected appeals brought by Equal Education and the South African Democratic Teachers’ Union (SADTU), affirming the constitutionality of the Western Cape Provincial School Education Amendment Act of 2018.

The ruling upholds a 2023 Western Cape High Court decision that found the controversial reforms lawful and in line with the national South African Schools Act.

What sparked the legal battle

The dispute began in 2019 when Equal Education, represented by the Equal Education Law Centre, and SADTU filed separate applications challenging key provisions of the provincial legislation.

At the heart of their objections were three new models introduced by the DA-led provincial government: collaboration schools, donor-funded schools and intervention facilities for learners with serious behavioural problems.

Equal Education argued that collaboration schools allowed private donors and non-profit operating partners to exercise excessive control over public school governing bodies, with some partners holding up to 50% of voting rights. The organisation contended this undermined democratic governance and accountability in state schools.

SADTU challenged the establishment of the Western Cape Schools Evaluation Authority (WCSEA), claiming it violated collective bargaining agreements concluded with the Department of Basic Education in 2003. The union objected to WCSEA evaluators conducting classroom performance assessments with only two days’ notice, arguing the provincial body conflicted with national evaluation frameworks.

Both organisations maintained the reforms prioritised private interests over the constitutional rights of learners, parents and teachers to participate meaningfully in school governance.

High court dismissal

On 17 July 2023, Judge Andre le Grange dismissed all challenges, ruling that the provincial legislation fell within the Western Cape’s functional competence and was reasonably necessary for effective governance of education.

The judge found no breach of participation rights, noting that school governing bodies retained guaranteed representation for teachers, parents and learners, and could veto a school’s conversion to collaboration status.

In a sharp rebuke, Le Grange suggested SADTU had placed its own interests above educational reform and the province’s right to govern its education system.

The court ordered parties to pay their own costs.

What the reforms entail

Collaboration schools are public schools where non-profit organisations partner with the education department and donors to provide additional resources and expertise. Operating partners can hold significant voting rights on governing bodies.

Donor-funded schools receive supplementary funding from for-profit entities, with donors granted voting representation on school governance structures.

Intervention facilities provide therapeutic programmes and curriculum delivery for learners found guilty of serious misconduct, offering an alternative to expulsion. The Western Cape’s Positive Behaviour Intervention and Resource Centre, established in 2022, runs six to eight-week programmes focusing on therapeutic support and skill development.

The WCSEA, created under the reforms, conducts independent school evaluations to improve quality and accountability. According to the authority’s 2024/25 report, more than 90 evaluations were conducted across the province.

Appeal to Supreme Court

Following the High Court’s dismissal, Equal Education and SADTU appealed to the Supreme Court of Appeal. The matter was heard in December 2025.

The appellants maintained their position that the reforms granted inappropriate influence to private entities in public education and lacked sufficient regulatory safeguards.

The SCA rejected these arguments, finding the reforms compliant with constitutional principles and centred on learners’ best interests.

The court also ruled that challenges to intervention facilities were premature, recognising their purpose in supporting troubled learners while avoiding unnecessary expulsions and facilitating reintegration into mainstream schooling.

Reactions to judgment

DA Western Cape education spokesperson Peter Johnson said the judgment affirmed that the province’s education reforms were firmly grounded in the Constitution.

“Under the leadership of the DA, the Western Cape Education Department has been building an education system that embraces innovation, strengthens accountability and gives schools the tools they need to improve learner outcomes,” Johnson said.

“This judgment creates greater certainty for the continued implementation of these reforms.”

Equal Education expressed disappointment with the 2023 High Court outcome, maintaining concerns about democratic accountability. The organisation has not yet commented on the Supreme Court of Appeal ruling.

The provincial government has welcomed both court decisions, emphasising the financial contributions donors have made to the education sector and the positive results of school evaluations.

The legal battle has now concluded, with the reforms set to continue across the Western Cape.