THE Centre for Child Law, assisted by the Legal Resources Centre, is seeking to have its voice heard in a Constitutional Court case that is likely to have an impact on the government's funding of the country's less privileged independent schools.

The case involves the KwaZulu-Natal Joint Liaison Committee, representing some 116 independent schools, which is challenging the KwaZulu-Natal education department's reduction of independent school subsidies by up to 30%. It is due to be argued in the ConCourt in November.

The University of Pretoria's Centre for Child Law (CCL) is seeking to be admitted as a friend of the court so that it can add its voice to the argument against arbitrary changes to independent school subsidies.

Assisted by the Legal Resources Centre, the CCL believes it can bring a unique constitutional perspective to the argument - and apply it to all independent schools across all nine provinces.

CCL director Ann Skelton said in an affidavit in support of the application to be admitted as an amicus that government subsidies assist independent schools in realising the constitutional right to basic education and served to advance the best interests of South African children.

She said the availability of sufficient funds to schools, both public and independent, was essential for the effective education of learners and the realisation of education as a means of empoweringdisadvantaged groups.

"When the state funds independent schools, it is 'unlocking' the potential of those schools to deliver a basic education to learners."

Skelton said it was inappropriate to regard an independent school and the state as mere parties to a contract in relation to a subsidy.

"To do so masks the impact of state funding on the rights of learners to receive a basic education and to decision-making that treats their best interests as paramount."

The CCL has added its voice to growing dissent from disadvantaged independent schools over the radical and seemingly arbitrary reductions in government subsidies.

Earlier this week, the National Alliance of Independent Schools Associations requested Public Protector Thuli Madonsela to investigate what it termed the maladministration by the Eastern Cape, KwaZulu-Natal, Limpopo, Mpumalanga and North West education departments.

Executive director of the Independent Schools Association of Southern Africa, Dr Jane Duncan said the payment of incorrect subsidy amounts, the late payment of subsidies and the arbitrary reduction of subsidies to independent schools amounted to administrative injustice and was threatening the financial sustainability of 630 schools educating some 130000 pupils in the five provinces.