Judge refers institutes’ case to stop schools from opening
Judge Gerrit Muller from the Polokwane High Court ruled that the matter, which sought to stop schools from opening for Gr 7 and Gr 12 learners on 1 June, should instead be heard by the Gauteng Division in Pretoria.
POLOKWANE – A case against the Department of Basic Education was dismissed in the Polokwane High Court by Judge Gerrit Muller yesterday, who found that it was a matter to be heard in the Gauteng Division in Pretoria.
The department was taken to court by the Tebeila Institute for Leadership, Education, Governance and Training and the African Institute for Human Rights and Constitutional Litigation on an urgent basis, to prevent it from reopening schools on 1 June during level 4 of the nationwide lockdown and to stop the department from implementing a recovery plan.
The institutes believe that parents can’t be kept at home to prevent the spread of Covid-19 while children are sent to school just to save the academic year. They would, however, have liked to see Gr 12 learners return to school and requested the court that this should be allowed to happen in line with the department’s plans.
Read more: Another month before Grade 12 learners return to the classroom
Basic Education Minister, Angie Motshekga last week announced plans for Gr 7s and Gr 12s to return to school on 1 June. Administrative personnel would return to work this week, while school management teams will return on 11 May and teachers on 18 May. Schools are set to be thoroughly cleaned and start planning for the implementation of social distancing measures before the learners return. Motshekga gave no indication on when learners in other grades would return to school.
Judge Muller ordered the two parties to cover their own costs. He agreed with the Education Department that the competent court would instead be the Gauteng Division of the Court in Pretoria as this is where the offices of the minister and the department are located.
The department welcomed the ruling.
In the meantime, Jaco Deacon, the Deputy Chairperson of the Federation of School Governing Bodies of SA, said it was important to remember that 1 June was a provisional date for Gr 7 and Gr 12 learners to return to school. According to Deacon, space would be the biggest challenge for schools when implementing physical distancing measures. He also warned that parents would not be able to keep their children at home without good reason. “If the school complies with all requirements and your child, for example, suffers from an underlying condition and you are afraid to send them back to school, the onus is on you to engage with the school,” Deacon said.
Basil Manuel, head of the teachers union Naptosa, said they had provisionally welcomed the return date. However, he said, a thorough investigation into the health of the workers, cleaners, teachers and administrative personnel was necessary.
Chris Klopper, Chief Executive of the SA Teachers Union, said although they were satisfied with the minister’s plans, they were concerned that the workload would be too great for teachers and learners as the department indicated that school holidays for the rest of the year may be shortened to try to catch up lost teaching time.
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