Johannesburg - Solidarity has claimed victory in the case of the Laerskool Schweizer-Reneke teacher who had been suspended following an uproar over a picture purporting to show pupils racially segregated in a Grade R class.
Dr Dirk Hermann, Solidarity’s chief executive, said they were pleased with the ruling and grateful for Elana Barkhuizen’s sake that a form of justice prevailed for her.
"However, we are still disappointed that we had to take this battle all the way to court,” Hermann said.
Hermann said Barkhuizen, together with many children, the school and the broader community were all deeply hurt because of "political opportunism".
“This incident is a lesson for everyone in South Africa about how democracy should not work,” Hermann said.
The union initiated the legal action on behalf of Barkhuizen because they believed that her suspension was unlawful and should be lifted.
On Thursday morning, Barkhuizen was all smiles as she left the Johannesburg Labour Court after Judge Christina Prinsloo lifted the suspension.
Prinsloo ordered that she return to work immediately and that she be allowed to return safely.
In her judgment, Prinsloo ruled that it had been illegal for the North West MEC of Education Sello Lehari to suspend Barkhuizen as she was not employed by the department.
She also said it had not been necessary to suspend her.
Speaking after the ruling, a happy Barkhuizen thanked Solidarity as well as everyone who had been with her every step of the way.
Last week, departmental spokesperson, Freddy Sepeng had told The Star that it had not been the department that had suspended Barkhuizen but the School Governing Body (SGB).
"She was employed by the SGB and they're the ones who suspended her. The MEC just made the pronouncement."
Barkhuizen was suspended after she took and sent out a picture showing a group of white learners sitting together while their four black classmates sit at a small table near the door.
She sent the picture to a WhatsApp group to show parents that things were going well on the first day of schooling.
The picture, however, found itself on social media and left many shocked and disgusted that the pupils had seemingly been racially segregated.