There are two very different realities operating in South Africa's public schooling system. The Convention, a cornerstone of the Education 2030 Agenda, highlights States' obligations to ensure free and compulsory education, promotes equality of educational opportunity and prohibits any form of discrimination. The submission drew together the comments of hundreds of learners and parents who participated in public workshops which EE hosted during September and October throughout the country. Thus, the two SGBs were ordered to revisit their pregnancy policies in consultation with the HOD by 10 October. In November 2016, EE visited 60 schools across seven districts in the Eastern Cape, investigating government's compliance with its legally binding plan to fix all schools. For this reason, EE, the LRC and the CCL welcomed the Constitutional Court's ruling that an HOD may be empowered to instruct a principal to admit a learner in excess of the limit prescribed by its admission policies. EE strives to improve outcomes without disrupting existing policy and legal apparatuses. We understand that the education system can seem elitist, adversarial and baffling when you are trying to discover why your child is having difficulties; and to gain the correct educational environment, staff and therapies for them. What soon emerged was the legal question of whether the ultimate power to determine a public school's capacity lay with the Provincial Department or the SGB. Equal Education (EE) is a member-based mass democratic movement of learners, post-school youth, parents and community members striving for quality and equality in South African education, through activism and analysis. It was also contended that the pregnancy policies discriminate on the basis of both gender and pregnancy, without taking into account the personal circumstances of the learners affected. On Thursday 13 June 2013, four days before the scheduled hearing of the matter, EE, the EELC and the Eastern Cape Department of Education met in East London to discuss progress made to resolve the problems at the school and to chart a way forward. However, this decision was then overturned at the Supreme Court of Appeal. At the centre of the planning for these events was EE's Youth Department whose community leaders and facilitators spread the word through flash mobs, pamphleteering, and door-to-door mobilizing. In 2017, EE Gauteng oversaw the adoption of a Menstrual Hygiene Declarationby the Gauteng-based civil society organisation working on this issue. After two decades of democracy in South Africa the education received by young people remains highly unequal.
A delegation of EE members then visited the school to assess the situation, and found several problems that were seriously hampering learner progress, including extreme staff absenteeism, an insufficient number of educators across all subjects, long-outdated textbooks and appalling conditions at the school hostel. These described the appalling conditions learners were confronted with, from dilapidated classrooms, leaking roofs and broken windows to inadequate or non-existent sanitation, lighting, ventilation, libraries, laboratories and computer facilities. We build understanding of the education system, while drawing attention to problems faced by schools and their communities. The Free State Education Department then appealed to the Constitutional Court, where EE and the Centre for Child Law (CCL) were admitted as amicus curiae (‘friends of the court’). As a result of these efforts by the Eastern Cape Department of Education, the learners, EE and the EELC agreed to postpone the hearing of the matter pending resolution of the outstanding questions. In March 2013, EE and the EELC became involved in a case at the Constitutional Court concerning the learner pregnancy policies of two Free State schools: Harmony and Welkom High. The school argued that, in accordance with Section 5(5) of the South African Schools Act, an SGB has the sole and final say on the maximum capacity of a school.

Since its founding, EE's campaigning has largely centred on issues concerning poor and inadequate school infrastructure, beginning with a campaign in mid-2008 to fix the broken windows of a school in Khayelitsha. The province argued the opposite, that the MEC and HOD had an overriding duty to ensure that every child had a place. The city scrambled to fix as many lights as they could in the days preceding the march, and Mayor Patricia de Lille attended the march. Equal Education is a movement of learners, parents, teachers and community members working for quality and equality in South African education, through analysis and activism.

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