The SA Human Rights Commission is taking legal action against the Western Cape government on Monday.
The commission wants the province’s decision to reopen schools, reversed.
Western Cape officials have said its schools are ready to reopen on Monday as lockdown alert Level 3 begins.
The province is opening schools despite the Basic Education Department postponing its planned reopening to next week.
Education MEC Debbie Schäfer reported last week that four schools in the province had recorded COVID-19 cases among returning teachers.
The Hague Primary School in Delft, Parkvale Primary School in Valhalla Park, Kasselsvlei, and Wallacedene Primary School saw returning teachers testing positive for the virus.
Despite these cases, Schäfer has insisted that the province is ready and able to begin the school program.
Andre Gaum from the SAHRC said the Western Cape is not perfectly ready.
“According to our monitoring and our assessment and also surveys that have been done, they are about 80 percent ready. So there are also a substantial number of schools in the Western Cape that are, indeed, not ready.”