MEC wants Sadtu to pay for schools

2013-06-11 19:23

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - The Western Cape wants teacher union Sadtu to pay the legal costs should 17 schools in the province lose their legal battle to stay open.

This emerged in the Western Cape High Court on Tuesday, where the 17 School Governing Bodies (SGBs) were asking for a review of Education MEC Donald Grant's move to close the schools.

Eduard Fagan, for Grant and his department, told the court the matter was clearly politically motivated.

He cited the presence of ANC Western Cape chairperson Marius Fransman during proceedings on Monday as proof of this.

The ANC-affiliated SA Democratic Teachers' Union (Sadtu) is also an applicant in the matter.

Fagan said the province would not be seeking costs from the SGBs, but Sadtu should be made to pay costs because of the political nature of the case.

Fagan on Tuesday concluded his arguments in court, insisting the process leading to the decision to close the schools was legally and procedurally fair.

He said the Schools Act did not compel his client to consult affected communities.

The provincial department did, however, give SGBs an opportunity, during public hearings last year, to make representations to Grant on his intention to close schools.

Fagan argued Grant supplied the schools with sufficient reasons for their closure before they were asked to make representations.

Empowered by the Act

The Western Cape education department is in agreement with a minority judgment by Judge Dennis Davis last year.

In the minority judgment, Davis said after "anxious reflection" he would only have made an order in the case of two schools.

He found Grant had complied with the Schools Act in allowing representations, and that there was no legal basis for importing the concept "meaningful engagement" into the wording of that section.

The act ultimately empowered Grant to make the final decision on school closures, he said.

His two colleagues, Siraj Desai and Elizabeth Baartman, did not agree and granted the schools an urgent interdict halting the closures, pending the outcome of a final review process.

This final review process is now underway.

Read more on:    anc  |  sadtu  |  dennis davis  |  donald grant  |  marius fransman  |  cape town  |  education

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
28 comments
Comments have been closed for this article.

Inside News24

 
/News
 

We tried CrossFit for 2 months ...

What happens when you ask 3, non-gym, ordinary people to give CrossFit a try for 2 months?

 
 

Outdoor

Tips for Your Next Winter Camping Trip
Mountain magic: Your guide to the Drakensberg!
Your Winter Body Weight Workout
The perks of power walking

Book flights

Compare, Book, Fly

Traffic Alerts
Horoscopes
Aquarius
Aquarius

It is time to ground those brilliant ideas and find a realistic format to fit them into. The best place to start is at the...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.