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School’s future is in council’s hands

The fate of the school is in KwaDukuza municipality's hands as the court cannot override municipal jurisdiction.

PLG Ballito Academy is set to bring its appeal for special consent from the KwaDukuza municipality (KDM) on Wednesday, March 9 before a tribunal at council chambers in Stanger.

Three days before Christmas, Durban High Court judge, Justice Graham Lopes reluctantly granted the school one more year to get its special consent application approved by KDM.

“What is clear is that the school went ahead with establishing its premises without first obtaining the proper consent. I consider the conduct of the school, failing to ensure that all the administrative processes were finalised prior to conducting the operation of the school, unacceptable,” said Lopes before throwing the school a final lifeline for the sake of the children.

The South African Constitution prohibits the court from overriding municipal jurisdiction, and so the fate of the school lies in the hands of KDM.

Although not registered as a school with the department of education, the school is currently operating legally because it was granted one more year to get special consent.

However, the school will have to close or relocate if KDM stands by its original decision not to grant special consent.

“We are not against the school but we cannot have a lawless municipality,” said KDM mayor, Ricardo Mthembu.

The school is currently in contravention of a number of municipal bylaws which KDM has not been prepared to budge on.

One of the main concerns is the presence of pre-existing liquor outlets within less than 500 metres of the school. The liquor law prohibits a liquor outlet operating withing 500 metres of a school or church.

In the meantime, former headmaster, Ryan Doig and former director of education, Noel Coetzee have left the company and a new headmaster, former head of academics at the school, Richard Lennox has taken over the reins and started addressing problems.

“I have three goals for this year: getting our matrics registered for exams, getting the school registered with the department of education and improving communication with parents,” said Lennox.

• The school has meanwhile secured registration for its 2016 matriculants to write their examinations at Stanger High School. 

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