Grove Primary school principal retires amid legal proceedings

File picture: African News Agency (ANA)

File picture: African News Agency (ANA)

Published Mar 9, 2021

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Cape Town – Grove Primary School principal Sally Shield, at the centre of a probe over alleged financial mismanagement at the school, will retire later this month.

The Western Cape Education Department (WCED) yesterday would not confirm whether Shield was retiring, but said retirement would not affect their legal action.

In a social media post wishing her well, the school said Shield would be retiring this month after 36 years of service.

The South African Council for Educators (Sace), meanwhile, says a hearing regarding the matter is scheduled for March 25.

After 36 years of committed service to The Grove, our Principal, Sally Shield is heading for a well-deserved retirement....

Posted by The Grove Primary School onMonday, February 22, 2021

The school’s financial management came under the spotlight in 2017 when a parent queried the school’s transparency on its budget and the above-inflation rate fee increase of 9.93%.

The parent had at the time charged that the budget was voted on and passed by a majority of only one parent, and was told that R1.4 million had gone to additional staff payments through Section 38A of the South African Schools Act, for the payment of additional remuneration by school governing bodies (SGBs) to state employees.

The Cape Times last year reported on the subsequent outcome of an investigation by the WCED which recommended Shield be charged with serious misconduct; be suspended with pay while a deeper investigation into the school’s finances took place; and that she and the SGB be instructed to repay the 38A allowance. It was alleged at the time that Shield was never suspended.

In a response to ANC MPL Khalid Sayed’s question regarding the progress of legal proceedings against Shield last month, Education MEC Debbie Schäfer said the department had instructed the State Attorney to recover the funds, and that process was being monitored and overseen by the Western Cape Legal services.

“The legal proceedings are ongoing. The principal and members of the governing body (at the time) elected to defend the matter, and the principal’s attorneys gave notice of intention to challenge the validity of the claim, but have not yet indicated their defence.

’’Given the Covid-19 situation it is difficult to predict when this matter could be heard in court, but legal processes are ongoing.

“Mediation is, however, being considered as a way of expediting the matter,” Schäfer said.

Her spokesperson, Kerry Mauchline, yesterday said the department had lodged a case against the principal and SGB members at the time.

“A civil summons has been issued out of the Wynberg Magistrate’s Court under case number 16290/2019, for transgressions of section 38A of the South African Schools Act. Disciplinary action was instituted against the principal (SGB members are not WCED employees) for misconduct and a legal process was instituted to recover the funds.”

She said two amounts were being recovered – R142 406 and R24 802.20.

On mediation mentioned in the legislature response, Mauchline said: “Unfortunately, as the matter is sub judice we would not be able to share the details at this time.”

While unable to confirm the retirement, Mauchline said the “legal action is not affected by retirement”.

The parent also laid a complaint of financial mismanagement against Shield with Sace.

In correspondence with the parent, Sace says that after deliberations on December 3, 2020, its council recommended that “charges be preferred and for a disciplinary hearing to be held”.

Sace chief executive Ella Mokgalane yesterday confirmed that Sace was handling the matter.

“A disciplinary hearing is scheduled to take place on March 25,” Mokgalane said.

The parent said the department and MEC’s responses have been “disingenuous”.

“Now they cannot say Covid is a factor. It speaks to incompetence and a complete lack of leadership. The MEC’s response was a cover up. (Shields) has been accused of fraud, she knew exactly what she was doing, and she was protected.”

Sayed said the WCED employed double standards.

“A principal quite literally caught taking money from hard-working parents illegally now potentially gets to walk away from any further action by taking early retirement. This failure to actively pursue the summons issued in November 2019 is indicative of the double standards mentioned earlier.”

Dylan Wray, on behalf of the current SGB, said they are not opposing the matter.

Cape Times

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