We Need Lawful, Constitutional Action to Protect Learners’ Rights

GOOD Statement by Denver Sampie, GOOD Central Karoo Municipality Councillor:

The GOOD Party has raised serious concerns about recent decisions by the Department of Education that are negatively affecting learners and their families. The party warns that failures in lawful and fair administration place children’s constitutional rights at risk.

GOOD emphasises that all decisions taken by the state must operate strictly within the parameters of the law. Section 29 of the Constitution guarantees every child the right to basic education, while Section 33 requires that administrative decisions be lawful, reasonable, and procedurally fair.

“Parents who are speaking out are not acting unlawfully,” said Cllr Sampie.  “They are exercising their constitutional responsibility to act in the best interests of their children. When administrative decisions create barriers to access, especially for working-class and indigent families, the state has failed in its duty.”

These administrative failures resulted in protest action on the first day of the school term in Beaufort West, as parents expressed frustration that many children remained unplaced, while others were placed at schools far from their homes, despite applications having been submitted early and in line with departmental requirements.

The party has expressed particular concern about the Department of Education’s failure to meaningfully engage with School Governing Bodies and parents, as required by the South African Schools Act. Late communication, inadequate consultation, and decisions that ignore socio-economic realities undermine trust in public institutions and unfairly disadvantage vulnerable learners.

GOOD stands firmly with affected parents and learners, stressing that equality before the law must be more than a principle on paper. Decisions that force children into inaccessible or unaffordable schooling options amount to indirect discrimination and violate the spirit and intent of the Constitution.

Legislative and Remedial Action

GOOD supports urgent, lawful remedial action, including:

1. An immediate administrative review of the Department’s decision in terms of the Promotion of Administrative Justice Act (PAJA).
2. Oversight intervention by the Provincial Legislature to investigate potential maladministration.
3. Constructive engagement between the Department, School Governing Bodies, and parents.
4. Where necessary, judicial review to protect learners’ rights.

“Children must never become collateral damage of poor administration or bureaucratic delays,” said Cllr Sampie. “Education is not a privilege, it is a constitutional right, and government must act accordingly.”

GOOD remains committed to defending constitutional governance, accountability, and an education system that places learners and communities at its centre.

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