All children have the immediate right to education in terms of the constitution of the Republic of South Africa, 1996. Yet, the Department of Basic Education (DBE) excludes more than 500 000 learners with disabilities from schools (DBE 2015).

The WCFID represents special care centers that accommodate some of those marginalised learners who have severe or profound intellectual disability.

In 1997, the WCFID initiated a Right to Education Campaign that culminated in legal action (2007), supported by the Legal Resources Centre (LRC). View campaign summary.

In 2010, the High Court of the Western Cape ruled that the Government of South Africa (1^st Respondent) and the Government of the Western Cape (2^nd Respondent), had violated the rights of these learners to a basic education. The judgement continues:

“2) The respondents are directed forthwith to take reasonable measures (including interim steps) in order to give effect to the said rights of severely and profoundly intellectually disable[d] children in the Western Cape, including (but not limited to):

2.1 ensuring that every child in the Western Cape who is severely and profoundly intellectually disabled has affordable access to a basic education of an adequate quality;

2.2 providing adequate funds to organizations which provide education for severely and profoundly intellectually disabled children in the Western Cape at special care centres, such as to enable them to:

2.2.1 have the use of adequate facilities for this purpose;

2.2.2 hire adequate staff for this purpose;

2.3 providing appropriate transport for the children to and from such special care centres;

2.4 enabling the staff of such special care centres to receive proper accreditation, training and remuneration and

2.5 making provision for the training of persons to provide education for children who are severely and profoundly intellectually disabled.’’

View judgement: http://www.saflii.org/za/cases/ZAWCHC/2010/544.pdf

Implementation of the Court order

View outcome: Western Cape Provincial Government

View outcome: National Government

Department of Basic Education

DBE Roundtable to enhance government services for children with to profound intellectual disability. View report: Click here.

All principals/supervisors of special education care centres / 24 hour facilities, for people with severe or profound intellectual disability, meet once every quarter to discuss questions. A special focus is on governance, compliance and organizational management.