Durban - Just one week into the school year, the KwaDukuza Municipality has had another go at shutting down a new private school in Ballito, again pursuing an urgent Durban High Court application for an interim interdict to stop it from operating.
But when the case came before Judge David Ntshangase on Tuesday, he said he was putting the interests of the 300 pupils at the school first - and the issue could be thrashed out once and for all next month.
The Ballito Academy opened under a cloud of litigation with the municipality insisting it was “illegal” because the owners, PLG Schools, had not been given the special consent required to operate from the premises, a former hotel.
The municipality first launched its interdict application in December before Judge King Ndlovu, but left empty-handed.
What happened at that hearing - and what Judge Ndlovu ruled - became a contentious issue between the two parties, with PLG claiming he had considered and dismissed the application and the municipality saying he had simply refused to deal with it because it was not urgent.
On Tuesday the matter was back on the court roll before Judge Ntshangase to set a date for argument.
But advocate Glen Goddard, for the municipality, said his instructions were to again ask for an interim interdict.
Advocate Charmaine Nel, for PLG, accused him of trying to take a second bite of the cherry because the issue had been “canvassed and disposed of” by Judge Ndlovu.
She pointed out that there was a counter-application for an order compelling the municipality to consider the school’s special consent application.
But Goddard said the municipality was the regulatory authority in respect of building regulations, town planning laws and by-laws and it had to a duty to stop any breach of these.
“It prejudices the municipality as a regulatory authority if it can’t uphold the law.
“The school is operating illegally. While they don’t agree with that, it is not disputed that they need special consent and they do not have it,” he argued.
Goddard said the school did not necessarily have to shut down completely, because PLG had indicated in a press release that it could find alternative temporary premises .
He said it was early enough in the school year for pupils to find alternative schools.
But Nel said the deputy judge president had agreed to an early date - February 10 - when the issue would be argued and finally decided.
“If it is in the school’s favour, learning would have been disrupted for nothing.”
Judge Ntshangase said his main concern was for the children and what would happen to them.
“Even if there is temporary accommodation, where will that be? The court has not been told,” he said, dismissing the interim interdict application.
PLG says it has, to date, invested more than R41 million in the school project and the Education Department had supported the establishment of the school, saying there was a dire need for more educational facilities on the North Coast.
The Mercury