On the 14 June 2010, the Western Cape Forum for Intellectual Disability is taking the national and the Western Cape governments to the Western Cape High Court for failure to provide basic education to Western Cape children with severe or profound intellectual disabilities.

Children with an IQ under 35 are considered to be severely (20-35) or profoundly (under 20) intellectually disabled. They are not admitted to special schools, or to any other state schools.

Represented by the Legal Resources Centre, the association of organisations that cares for children with intellectual disabilities argues that the governments are in breach of the children's Constitutional rights to education, equality, human dignity, and protection from neglect and degradation.

At the moment, the profoundly mentally disabled children are not provided for by the Department of Education. Instead, they get limited financial assistance from the Department of Health.

In South Africa, the state does not take responsibility for the education of children with severe or profound intellectual disabilities.  In the Western Cape, it leaves this duty to the members of voluntary organisations which run special care centres for more than 1000 children.

There are insufficient special care centres in the province to cater for all such children. This makes it difficult for them to receive basic education unless they are fortunate enough to gain access to a special care centre which is willing and able to provide them.

Moreover, these centres provide education under severely constrained resources as the subsidy provided by the state is inadequate in relation to the educational needs of children with severe or profound intellectual disabilities and is less than the contribution which the state makes to the education of children who are not so disabled.

This is in breach of legislation and policy that outlaws discrimination on the grounds of disability.

The state has conceded that children with severe or profound intellectual disabilities are able to benefit from education and training. However there is no state-facilitated programme to ensure that this benefit devolves upon severely or profoundly intellectually disabled children.

The Western Cape Forum for Intellectual Disability submits that it is in the interest of justice that the Court should order the state to set out a programme on what it will do to remedy the breach of Constitutional rights of these children, and thereafter to report on a periodic basis on what it has done and on what progress is being made.

Ends.

NOTE: For more information on the background of the case please contact Thulani Cele, LRC's Communications & Marketing Officer, at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 011 836 6601/ 082 706 2641