Durban - One of Durban’s top primary schools is taking the provincial education department to court because the school governing body (SGB) is unhappy about how the principal’s appointment was handled.
In papers filed in the Durban High Court last week, Durban Preparatory High School (DPHS) and its governing body said they were seeking to interdict the department’s appointment of a principal, pending the outcome of an application to review the appointment.
In an affidavit, the vice-chairman of the SGB, Brett Davidson, said an interview a committee was established and shortlisted candidates were interviewed in late September.
The top two candidates were scored, with a single point difference between them.
Despite him scoring lower, the SGB “strongly and unanimously” recommended that the interview committee amend the rank order to reflect the second highest scoring candidate as the number one candidate for the post.
No reasons were provided for this in the court papers.
In early December, the school was notified - verbally - of the new appointment but it was the highest scoring candidate.
“The appointee named was not our preferred and recommended candidate,” Davidson said in his affidavit.
At a subsequent meeting, the SGB took a decision not to accept the appointment.
In a letter to departmental officials, dated December 6, the SGB said: “The appointment may not proceed until such time that this has been both explained and resolved. Accordingly no person other than our preferred candidate will be allowed on to our premises to assume the position. We have appointed the deputy headmaster to act in the position until such time as this is resolved”.
Another letter was sent and the SGB met the department last week. However, when the matter came before the court, the department had not provided confirmation that the new appointment was on hold. In his affidavit, Davidson said three schools - DPHS and the current schools of both candidates - were set to be affected and it would be in none of their interests for transfers to take place “until there is clarity and certainty around the appointment”.
The department has yet to file papers.
Approached for comment yesterday, provincial education department spokesman Muzi Mahlambi said it noted the unhappiness about the new principal.
“What the public needs to know is that the SGB does everything - including shortlisting, interviewing and recommending five candidates to the department who are legible to be appointed,” he said.
Other schools have also taken the department to court this year over appointments of principals and staff.
Earlier this year, Durban High Court Judge Kate Pillay dismissed an application by the SGB of Glenardle Junior Primary School, on the Bluff, to remove the principal the department had placed at the school, Priscilla Bedesi, pending a judicial review of her appointment.
And the governing body of Westville Senior Primary School is currently in a court battle with the department to stop it from allegedly making unilateral teacher appointments without consulting governing bodies. This after the department was accused of appointing two “straight-out-of-college” teachers without them having been vetted by the governing body - which has a legal duty to maintain the school’s reputation and good teaching standards.
The DPHS matter is back in court next month.