Follow-up on learner admissions, racial profiling and court ruling outcomes

Video The Portfolio Committee on Basic Education met for a follow-up engagement on the Department of Basic Education’s (DBE’s) investigation into allegations of racial profiling and discriminatory learner admission criteria, particularly in the Western Cape, and the related High Court ruling. The Committee received briefings from the DBE, Western Cape Education Department (WCED) and Equal Education (EE). The DBE reported that its national monitoring exercise had identified potentially discriminatory admission criteria, including academic performance, interviews, tests, proof of employment, sporting and leadership participation, musical ability and photographs. It also raised concerns about the role of School Governing Bodies (SGBs) in learner placement and weaknesses in provincial oversight. The WCED said its review of ten high-demand schools found no use of race as an admission criterion and reported that 70 520 extremely late applicants had been placed for 2026. EE disputed the picture presented by the WCED and said learners, particularly from Black and marginalised communities, remained unplaced, with some having been out of school for prolonged periods. Members questioned the conflicting DBE and WCED findings, the WCED’s methodology and ten-school sample, the continued use of sporting, leadership and academic criteria, the role of SGBs, and whether apparently neutral admission requirements produced discriminatory outcomes. They raised concerns about unplaced learners, the WCED’s refusal to allow DBE follow-up monitoring and training, and its appeal of the High Court judgment. Members called for stronger accountability, enforcement of national requirements and possible legal intervention. The WCED said learner demographics had to be considered when interpreting waiting lists, remained open to an independent investigation and said three cases on EE’s list required further attention. It confirmed that the Western Cape Member of the Executive Council (MEC) for Education had instructed that a DBE monitoring visit should not proceed. The DBE said its monitoring was intended to identify and correct non-compliant practices and maintained that provinces could not prevent it from carrying out its statutory monitoring responsibilities. The Committee further directed the DBE Director-General (DG) to write to the WCED to compel the removal of discriminatory requirements from application forms and arrange training for principals and SGBs. The Western Cape MEC for Education was requested to provide, within seven working days, comprehensive reasons for stopping the DBE’s monitoring and training. The Committee would consult its researchers and legal team and approach the Speaker for guidance on further parliamentary, legislative and legal action.