The Western Cape High Court’s ruling against a decision to close 17 schools has been hailed as a victory for communities.
|||Cape Town - The Western Cape High Court’s full bench ruling against Education MEC Donald Grant’s decision to close 17 schools has been hailed by Equal Education as a victory for communities.
Yoliswa Dwane, Equal Education chairwoman, said on Wednesday: “This was a very powerful decision, especially in empowering communities to demand meaningful engagement when it comes to issues like school closures, especially in other provinces such as the Eastern Cape.”
She said the decision would also force the government in all provinces not to merely pay “lip service” on issues relating to education, especially during the public participation process.
Two of three judges, Andre le Grange and Nape Dolamo, agreed on Wednesday to set aside Grant’s decision on all 17 schools.
However, Judge Lee Bozalek issued a minority judgment, saying he agreed that 16 schools should close but that Grant had failed to make a case as to why Beauvallon Senior Secondary School should close.
The court also ordered Grant and the provincial Education Department to pay the costs of all the applicants except those belonging to the SA Democratic Teachers’ Union (Sadtu).
All the judges dismissed an argument by the applicants that Section 33 of the SA Schools Act (which empowers an MEC to close public schools) was unconstitutional.
Judge Le Grange said on Wednesday that the reasons given by Grant for the closures were brief and that the public consultation process was inadequate.
Grant and the Education Department maintained that the decision to close the schools was motivated by the desire to improve educational opportunities of all children in the province, further enhance the quality of education at some schools and to have pupils attend schools equipped with better facilities to provide quality education.
But Judge Le Grange said that neither Grant nor the provincial Education Department had predetermined standards against which they measured the performance the schools and that the ultimate decision as to which school should be closed, involved a “balancing of many factors”.
“The difference between Grant’s initial and final reasons for closure at certain schools, and in particular Beauvallon Secondary School, in my view gives further credence to the applicants’ complaint of irrationality.”
The judge added: “Of the 20 schools closed, four were urban Cape Town schools and the balance all rural or farm schools. Most of these rural schools have a long history. Some date back between 40 and 70 years and the majority of them, if not all, are located in economically deprived communities.
“At the public meetings, the record clearly speaks of widespread objections from affected parties and strong emotions and deep unhappiness underpinning said objections.”
He said the procedure followed by Grant fell short of what was reasonably expected in a public participation process. The decision to close the schools was mainly premised by budgetary constraints.
“Reasons given by Grant were too brief and inadequate… The MEC’s decision to close the schools was taken arbitrarily and capriciously.”
The applicants demonstrated in the papers filed that the schools Grant decided to close had remarkable similarities to those he decided to keep open. The judge said Grant and the department needed to ensure that they placed the needs of the pupils first, especially given the history of education in South Africa, which had led to tragic circumstances for millions of pupils.
Reacting to the court ruling, the Save our Schools campaign’s Magnus de Jongh said the judgment was “great news” for the schools concerned.
“Since the campaign started we said the closures were arbitrary and not in the best interest of learners. Now the judgment has made this clear.”
Sadtu in the Western Cape called on Grant not to waste any money by appealing against the court’s decision, and said he should reduce class sizes instead.
“Our democratic courts have once again come to the favour of the poor, working-class learners and parents in the Western Cape. When Sadtu came to the aid of the learners and parents who were victims of the closures, Zille and Grant thought they could walk over the poor by using cheap politics.”
Reacting to the ruling, Grant said his decision to close the schools was made in the best interests of the pupils and he believed the court’s decision would ultimately result in a loss of better education opportunities for the pupils.
“This is a sad day for education.”
He said the Western Cape Education Department would continue to support the schools.
Pupils from Tonko Bosman Primary, one of three schools closed last year, had been moved to Raithby Primary and “learners’ lives have ultimately improved based on the decisions this government has made”.
The main reasons for closing the school had been low pupil numbers, multigrade teaching and better education opportunities elsewhere.
Grant said these pupils were now receiving single-grade tuition and could make use of improved education facilities such as a computer lab and sports and playing fields.
“We will study the judgment carefully and will take into consideration the recommendations made by the court in terms of procedures followed with respect to school closures.”
School closures timeline:
May 2012 – Education MEC Donald Grant notifies 27 schools of his intention to close them in December 2012. School governing bodies are given an opportunity to make representations.
July 2012 – Grant announces that after considering the representations from the governing bodies he has decided to proceed with public hearings for all the schools.
August 2012 – The Western Cape Education Department announces that it is preparing placement plans for pupils affected by the proposed closures.
September 2012 – Grant says the public participation process has closed and that he is considering all representations made to him.
October 16 2012 – Grant announces that 20 of the 27 schools will closed.
December 2012 – Seventeen schools are granted a temporary reprieve when the Western Cape High Court grants an interim order prohibiting the closure of the schools.
May 2013 – The parties return to court for a hearing to review Grant’s decision to close the schools.
On Wednesday – Grant’s decision is set aside and the court orders that the 17 schools remain open.
The schools:
Beauvallon Secondary; Bergrivier NGK Primary; Bracken Hill EK Primary; Denneprag Primary; Klipheuwel Primary; Krombeksrivier NGK Primary; LK Zeeman Primary; Lavisrylaan Primary; Protea Primary; Redlands Primary; Rietfontein Primary; Rondevlei EK Primary; Urionskraal NGK Primary; Valpark Primary; Wansbek VGK Primary School; Warmbad-Spa Primary; Welbedacht UCC Primary
ilse.fredericks@inl.co.za
neo.maditla@inl.co.za
Cape Argus
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