The Western Cape wants teacher union Sadtu to pay the legal costs should 17 schools in the province lose their legal battle to stay open.
Communities were not properly consulted before a decision was taken to close a number of schools, the Western Cape High Court has heard.
The Constitutional Court has refused Western Cape education MEC Donald Grant leave to appeal a decision to keep 17 schools in the province open.
The Western Cape's minister for education should be sacked because of 27 schools facing possible closure in the province, says Cosatu.
Violent protests near Cape Town and Jo'burg -- over schooling and power cuts -- have been met with police water cannons, stun grenades and tear gas.