Cape Town - Governing body members and principals of the Western Cape schools who fought a two-year battle to remain open were “shocked” and “disappointed” on Tuesday after the Supreme Court of Appeal in Bloemfontein ruled that 16 of the 17 schools be closed.
But the Save our Schools campaign, which has been fighting for the schools to remain open, says the decision might “not be the end of the road for the schools”.
When former Education MEC Donald Grant decided the schools were to close, the matter was taken to the Western Cape High Court which ruled in July last year that the 17 schools should remain open. Grant then appealed to the Supreme Court.
The court decided that 16 schools should close but that Beauvallon Secondary School in Valhalla Park would remain open.
It was argued on behalf of the schools that the decision to close them had been procedurally unfair as the initial reasons given for closure in May 2012 had, in some instances, differed somewhat from the reasons given in a media statement in October 2012.
The reasons given for the closures included dwindling pupil numbers and the fact that some of the schools relied on multigrade teaching, with different grades being taught in the same class.
In his judgment, Supreme Court 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.”
In the case of Beauvallon, however, the court held that the minister had not provided the gist of his reasons for closure.
The judgment also stated that Grant had not been obliged to consult with the SA Democratic Teachers Union (Sadtu), one of the respondents in the case, and the fact that he had not was no reason to impugn his decision.
Save our Schools co-ordinator Vanessa le Roux said the schools’ legal team was studying the judgment and there was a possibility that the matter would go the Constitutional Court.
Beauvallon principal David Lawn said while he was happy that his school would remain open, he was disappointed for the others.
Nettie Koordom, governing body chairwoman at Bergrivier NGK Primary in Wellington, said she was speechless when she heard of the court’s decision.
“We thought we were going to remain open. Our learner numbers have increased and we were going to get a new teacher next year.”
Adonis Arendse, principal of Valpark Primary in Valhalla Park, said he was shocked by the news.
Education MEC Debbie Schäfer said she welcomed the court’s decision, adding that it vindicated Grant’s actions.
“While we can claim a victory, this is really a victory for learners, because the judgment makes it easier for us to improve education opportunities.”
Asked whether affected parents would have to start looking for other schools for their children, her spokeswoman, Jessica Shelver, said there would be a placement plan for every child.
“The department is currently looking at the details concerned for each school and will put recommendations to Minister Schäfer shortly.”
Sadtu provincial secretary Jonavon Rustin said the union would study the judgment with its legal representatives.
“As educationists and professionals we can never celebrate when a school is closed because it has a dire impact on the school and its community. Schools, especially in rural areas, are the nucleus of community life; hence closing a school disturbs the community’s stability.”
Cape Argus