The separation of powers was again in the spotlight during a successful appeal against a judgment involving four educational centres in the Western Cape. A News24 report notes the initial court action was launched to protest the closing of the four centres in Ottery, Die Bult, Wellington and Eureka. The applicants, Justice Alliance of SA and the governing body of the Ottery Youth Care and Education Centre, argued that these changes were unconstitutional and unlawful.

They alleged that the provincial government was transferring children from these homes to secure 'lock-down' prison-type facilities, and it could not be in the best interests of the children to be placed with criminal offenders and those awaiting trial. Western Cape High Court Judge Gayaat Salie-Hlophe agreed, ruling in August that the centres were to be regarded as child and youth care centres providing a residential care programme. The placement of children at other facilities had to be freshly considered. She also ordered Social Development Ministers (national and provincial) to provide strategies for child and youth care centres.

The Western Cape Social Development and Education MECs, launched an appeal, which was upheld in the SCA. In its judgment, it said the High Court orders effectively determined where and how public funds and resources should be deployed. SCA justices found that decisions to establish these centres resided 'in the heartland of the exercise of national and provincial executive authority'. 'The separation of powers doctrine requires a court to refrain from intervening in decisions of this nature, particularly as they are polycentric and policy-laden in nature,' the appeal judgment stated. It added there is no provision in the Children's Act requiring children in the diffe rent categories to be housed separately.  

MEC: Social Development, Western Cape v The Justice Alliance of South Africa [2016] ZASCA 88 (1 June 2016)

Full News24 report