Cape Town - Makeshift, illegal schools are sprouting in suburbs such as Fish Hoek and Athlone, teaching children in small flats and houses, and flouting by-laws and regulations governing basic education.
In the past year, five unregistered schools were found by the Western Cape Education Department (WCED) to be operating illegally, one of which was shut down as it could not comply with conditions. A sixth is under investigation for allegedly holding classes in a living room.
The WCED said this was just the tip of the iceberg and vowed to clamp down on these “fake” schools. The number has dropped, however, since 11 schools were found to be operating illegally in 2022.
Education experts have warned that illegal school could have a catastrophic effect on a learner’s education, as they may not be exposed to the standard approved curriculum, and may have to repeat a grade; or a learner with special needs may not be was not facilitated correctly to progress to the next level.
A whistle-blower recently took to social media to expose an alleged unregistered school run from an apartment in Athlone.
“I am just concerned, 12 children in a one bedroom apartment trying to do school work just doesn’t seem right. There has been no adherence to any departments or the municipalities. While I understand the need for children to have different platforms to learn, I am not sure if this is the best environment.”
Bronagh Hammond of the WCED encouraged the public to report such schools to the authorities.
Asked how many schools were found to not be registered in the past year, she said: “We can only provide numbers of unregistered institutions that we are alerted to by the public. In 2023 five complaints of unregistered institutions were received from the public.
“According to the South Africa Schools Act any person may establish an independent school and must register such a school with the Provincial Education Department. If not registered, such institutions are deemed as illegal.
“Any person who is ordered to close an independent school and who refuses or fails to comply with the provisions of the order, shall be guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding three months.”
Hammond confirmed they were investigating a sixth school after being alerted about Education Africa in Athlone, which is allegedly operating illegally.
The WCED confirmed the school, which claimed to be private, was not registered on their database. It is charging R600 a month, and when the parent asked for proof of registration, the management claimed they could not find it.
The principal, Angeleen Jacobs, claimed the school was a private Adult Basic Education and Training facility.
Hammond said just months ago they closed down an illegal school in Fish Hoek.
“Yes, we were informed about Angela Academy and visited the institution in 2023 to instruct them to either register with the WCED or close down activities,” she said.
“They opted to register and submitted their application forms but could not get a zoning certificate from the City Council.
“According to our records, they opted to close down in November 2023.”
Hammond said there was a total of 356 independent private schools in the Western Cape, and that requirements and grounds for registration included having certain criteria in place.
“At the head of such an independent school there must be a principal who, if he or she is the academic head of the school or the head of a phase in the school, must have a teaching qualification recognised by the Authority, and registered with the council (South African Council for Educators).
“The school buildings and grounds must offer the space, design and facilities which conform to standards appropriate to the context in which the school will operate, taking into account comparable standards at public schools in the area; the buildings and grounds occupied by the school must meet the requirements of the relevant health authorities and municipal by-laws, as the case may be; and tenure of the school buildings and grounds must be secured for a period of 12 months following the registration of such school.”
She said class numbers and the size of the classroom and grounds were just as important, and the curriculum which had to comply with the Authority and Higher Education South Africa.
“All educators employed at the independent school must be registered with the council,” Hammond added.
Lebogang Montjane, executive director, Independent Schools Association of Southern Africa, told Weekend Argus they were guided by regulations which stipulated criteria for classroom size for not more than 20 pupils, health conditions and the curriculum, etc.
“The average number of learners during the first 12 months should not be fewer than 20 learners of school-going age, unless such learners are learners with special educational needs (LSEN), in which case the minimum number of learners in a LSEN school must be 10.
“The Western Cape Head of the Education Department is also required to determine the maximum number of enrolled learners on the basis of the school’s building and grounds.”
Nonhlahla Matamela, a candidate attorney at Rhodes University Law Clinic, said children at such schools were left to repeat a year or subjects when entering main stream.
“These unregistered schools do not always educate learners in line with the curriculum,” she said.
“In most cases, when learners have been at such schools for a few years, parents only realise when they are leaving the school or changing grades that the curriculum they were exposed to was not correct,” she said.