I refer to the letter by Peter Marais in the Cape Times (August 4, “DA can forget about coloured vote without public apology”).
First, I think Mr Marais has shown over the years he does not speak for “the Coloured vote”.
Second, he lashes out at me for comments made in a judgment that he clearly has not read, as he refers to eviction orders being overturned.
In the matter he refers to, the judge has not reversed any eviction order. The application is for an eviction order, which she has not pronounced on, despite the matter having started in 2011.
Neither the WCED nor the DA-led government are responsible for the delay in the matter.
Grootkraal Primary is situated on private land. The owner gave the department notice in June 2010 to vacate the premises by June 30, 2011.
The department arranged to relocate the school to Voorbedacht Primary School, about 17km from Grootkraal’s current site. Voorbedacht School is situated on state land that is large enough to accommodate two schools.
However, Grootkraal’s SGB opposed the relocation and succeeded in obtaining a court order in July 2011 to delay the move.
The court order instructed the department to try to negotiate a new lease. The department did so, making offers that were considerably more than average rents for other schools on private land in the area.
The negotiations failed and the owner sought an urgent interdict in late 2011 to evict the department and the school.
Justice Baartman heard the matter in early 2012 and appointed the Centre for Child Law at the University of Pretoria to report to her on the interests of the pupils in this matter. The centre did so in September 2013.
Although the application for eviction was initially argued more than five years ago, the matter has not been finalised, we submit, through no fault of the Education Department.
During the course of the proceedings, the community filed a counter-application that they have a servitude over the property. Whether the court grants this or not is clearly a factor that would have to be taken into account when making a decision on the future of the school.
The judge ruled on the servitude issue on August 1, 2017.
The court is yet to rule on the matter of the eviction order applied for by the Kobot Besigheids Trust.
Justice Baartman asked the department late in 2016 for the WCED’s plan for the school. The department replied essentially that the WCED would relocate the school if she granted the eviction application.
In her recent order, she requested same and I can confirm that the WCED will again submit its plans for the pupils should she grant the eviction order.
The interest of the pupils is paramount and I can confirm that schooling has continued as normal at Grootkraal Primary School.