Cape Town - Fourteen of the 16 Western Cape schools which have been fighting for more than two years to remain open are now planning to take their fight to the Constitutional Court.
This comes after the Supreme Court of Appeal in Bloemfontein ruled last month that the 16 schools be closed but that a 17th school, Beauvallon Secondary in Valhalla Park, remain open.
“Fourteen of the schools served an application on us on Monday for condonation of the late filing of their application for leave to appeal, as well as an application for leave to appeal to the Constitutional Court,” said Jessica Shelver, spokeswoman for Education MEC Debbie Schäfer.
Two of the 16 schools, Wansbek VGK Primary in the Cape Winelands district and Krombeksrivier NGK Primary in the Eden Karoo district, had decided that they wouldn’t take the matter further.
“These schools accordingly remain declared closed and the department will continue liaising with them as regards the placement of any learners and staff there.”
She said the department was studying the papers and would consult its lawyers on the way forward.
In July 2013 the Western Cape High Court overturned a decision by former Education MEC Donald Grant to close the 17 schools.
Grant then successfully appealed to the Supreme Court of Appeal in respect of 16 of the schools.
It was argued that the decision to close the schools had been procedurally unfair as the initial reasons given to them for closure in May 2012 had, in some instances, differed somewhat from the reasons given in a media statement in October 2012.
In his Appeal Court judgment Judge Eric Leach, with three judges concurring, stated that: “As long as the gist of his reasons was conveyed, the minister was thus not obliged to spell out in great detail why the particular schools were being considered for closure.”
Grant’s reasons for closing the schools included dwindling pupil numbers and multigrade teaching.
Vanessa le Roux, co-ordinator of the Save our Schools campaign, which has been fighting for the schools to remain open, said children had the right to be educated in an area where they were safe.
Le Roux said that pupil numbers had increased at many of the schools.
The 14 schools are: Bergrivier NGK Primary, Klipheuwel Primary, Bracken Hill EK Primary, Denneprag Primary, LK Zeeman Primary, Lavisrylaan Primary, Protea Primary, Redlands Primary, Rietfontein Primary, Rondevlei EK Primary, Urionskraal NGK Primary, Valpark Primary, Warmbad-Spa Primary and Welbedacht UCC Primary.
Cape Argus