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By Citizen Reporter

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Reopening nursery schools to be tackled without an open court or oral arguments

The bodies had planned to bring forward an urgent application before the High Court in Pretoria should the department of social development not head their call.


Labour union Solidarity, alongside the Schools Support Centre (SSC), has demanded clear regulations to be outlined to determine the opening of independent and private nursery schools, as the decision to not allow the resumption of nursery schools was labelled irrational.

Solidarity’s Anton van der Bijl, speaking on eNCA, said government’s lack of action on the hard decision was irrational, considering the growing unemployment rate.

The economy needs action, he said, noting that nursery schools, just like restaurants, should start in July under strict health protocols.

Threatening court action against the department of social development and cooperative governance, the pair demand a clear stance on if nursery schools will open.

Current regulation allows for the phasing in of Grade R learners, however, this only applies to schools registered with the department of education. Private nursery schools, which fall under the department of social development, have been excluded, according to SSC.

Both the SSC and Solidarity believe that private nursery schools should be allowed to resume teaching on July 6, together with other nursery schools, as children of all ages had the right to basic education.

The bodies had planned to bring forward an urgent application before the High Court in Pretoria, should the department of social development not head their call.

The matter will no longer be heard in an open court, the union confirmed on Tuesday.

“Judge Fabricius, who will decide on the matter, will only use the court papers submitted to him by the parties involved. No oral arguments will, therefore, be heard in court. As far as Solidarity’s knowledge goes, to date no opposing statements have been lodged by the department of social services,” the party said in a statement.

The union, concerned by the fact that no date has been announced on the reopening of daycare centres, said it welcomed the judge’s decision to review the matter.

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