ANC hails 'landmark' schools judgment

2012-12-21 16:21

Cape Town - The Western Cape High Court ruling to halt the closure of 17 schools in the new year is a groundbreaking judgement, provincial ANC chairperson Marius Fransman said on Friday.

"This judgment has an effect here, it has an effect everywhere else in South Africa, where everyone will now consider deeply when they want to close any school," Fransman said.

This was after Judge Siraj Desai granted the schools, their governing bodies and the SA Democratic Teachers' Union (Sadtu) an urgent interdict.

He said he looked forward to a final review application to be heard in the same court sometime in the new year.

"We fought a fight for every school and we believe with the review process we will save all of these schools," said Fransman.

He praised Lavis Drive Primary School principal Brenda Davids, who first brought the matter to the attention of teacher unions.

"I saw the tears of this woman... the day she decided she can't see children suffering, that day she became a victim of the DA provincial government."

Davids said since hearing the school would be closed, they twice received a letter informing them that the electricity would be cut.

Fransman believed this was a form of victimisation, and warned schools this type of action could continue following the court victory.

Reacting to the ruling, Davids said: "We just got a letter on 28 May saying the school will close... that was a very sad day for us, but today, the 21 December, is a happy day."

Sadtu Western Cape secretary Jonavon Rustin welcomed the ruling and said it sent out a strong message to Premier Helen Zille and education MEC Donald Grant.

"We came here to tell Helen Zille that you will not mess with the communities," he said.

In terms of the ruling, the Western Cape Education Department (WCED) would have to continue to provide subsidies and full support to the affected schools.

"The respondents [Grant and the WCED] are directed to take all reasonable steps, including but not limited to the employment of temporary teachers and the renewal or reinstatement of leases, to ensure that all necessary services are provided to the said seventeen schools," Desai ruled.

The judge said while colleague Elizabeth Baartman was in agreement with the ruling, Judge Dennis Davis "differed with the order on principle".

Eighteen schools originally contested the closure, but one of the institutions, Tonko Bosman in Somerset West, agreed to closure.

  • christelle.theron.3 - 2012-12-21 16:33

    Oh for heavens sake ANC - what would you now suggest to Zille - that the DA also destroy books like your provincial governments do. This is so hypocritical it is nauseating!!

      rontheogre - 2012-12-21 18:33

      Gads, try again. Several members of the ANC led local governments in Limpopo and Mpumalanga have been criminally charged for destroying school books(information was broadcast by the SABC, nogal, before the ANC REALLY started pulling their strings). According to the Education Department records, more than 1000 schools have been closed by the SA Education department in ANC led provinces since 2000, but only deserved a passing mention in the media. Now why would that be, seeing that few teachers from these schools could get new posts and nearby schools had to increase the learner allocation per class and teacher?

      christelle.theron.3 - 2012-12-21 19:17

      Gads, firstly I am not a moron, just the mere fact that you call me that tells me exactly what you are!!! "Johannesburg - A biography of former president Nelson Mandela, Shakespeare's Macbeth and Aids education manuals were among the textbooks destroyed by the Limpopo education department, according to a report on Tuesday. Beeld newspaper journalists visited the disused Mustec teacher's college in Seshego on Monday and found thousands of books stacked in piles outside the premises." And my friend who calls me a lying moron, the education department forms part of the local government, who in Limpopo happens to be the ANC!

      christelle.theron.3 - 2012-12-21 19:22

      And I wish NEWS24!!!!!!!! would read posts before deleting them on request of people incapable of facing the TRUTH!!!!!!!!!!!!!!

      lacrimose.wolf - 2012-12-21 19:52

      Well of course the ANC always celebrates any support for their weird ideas, even if it is to the detriment of our children's futures. Winning is everything, as long as someone else pays the price. Whenever the courts support them it's "a landmark", whenever the courts side against them, they just ignore the court order. So they always 'win'

      marilyn.docherty.9 - 2012-12-22 14:50

      Well said Christelle!

      darryl.maze1 - 2012-12-25 00:35

      But the ANC have demolished schools when they built the stadiums for the world cup and nothing was said, oh wait its the ANC they can do anything so long as its under the carper and no one knows.

  • georg.potgieter - 2012-12-21 16:38

    I suppose the judiciary is right. But the ANC education system is a crime against humanity - how about taking them to court? Science - 2nd lowest ranked in the world. Maths - Lowest ranked. Passing qualifications - A joke. Only place in the world where you can pass with 30%. All because Verwoerd did not deliver the school books in Limpawpaw. Western Cape still has best passing rate in the country.

      odirile.seemise - 2012-12-21 16:45

      I concur georg. our education system is a disaster, really an injustice the ANC should priorities. Our matriculants are incapable of basic mathematics and English. Something has to give because we can't keep pn producing the crop we got now.

      odirile.seemise - 2012-12-21 16:45

      I concur georg. our education system is a disaster, really an injustice the ANC should priorities. Our matriculants are incapable of basic mathematics and English. Something has to give because we can't keep pn producing the crop we got now.

      musazwane - 2012-12-21 17:13

      where do you get ths rubbish you speak of?

      odirile.seemise - 2012-12-21 17:19

      cristelle exactly, and in the mean time what is to be done about those in school. Takiso excuses are but just that.

      Phil.Kleynhans - 2012-12-21 17:37

      Tankiso in the old regime we gave you schools and you burnt it off. In your regime your F*ck^p goverment can't give you books or proper teachers and if not that you toy toy. There is just one think to say and that is you don't want to get educated but sit on your damn arses and hope the goverment is going to give it all to you PATHETIC P&%POL

      Goboza Mashaba - 2012-12-21 17:40

      @James i dont think you really understand what you are saying but i forgive you for that. Bantu education was and would be recognised anywhere in the world. I dont even understand why was it even called education at all. It was actually one of the tool the apartheid regime was using to destroy blacks if i may educate you!

      lacrimose.wolf - 2012-12-21 18:24

      Totally agree, Georg. Schools without toilets, books, teachers. A crime against humanity indeed.

      rontheogre - 2012-12-21 18:40

      Tankiso, old much slated Bob Mugabe, with all his faults, boosted the Zimbabwe level of education within 10 years to equal that of Singapore and Japan. That was before the major move to dispossess and disenfranchise the white people.

      mondli.khumalo.16 - 2012-12-21 19:13

      Are you suggesting that BANTU education was better? Or maybe are you suggesting that teaching everyone and all the subjects in the most stupid Language (afrikaans) wasn't crime? but what I would like to know your governments education was better for who exactly? Now you can all thumps me down for all I care, but Hellen Zille is failing with only one province one can only wonder what she can do with two let alone 9.

      tony.vanniekerk.35 - 2012-12-21 20:40

      Georg, the judgement might be judicially correct,I am not sure, but if you read the history and current state of the schools to be closed, you will know that the judgement is flawed. These schools are incapable of providing appropriate education for the kids. How does a school with 14 kids provide appropriate education? Impossible. If you provide those 14 kids with transport and a new school, only a fool, like Fransman, would argue that it is in the interest of the kids not to close the school. It is only in the interest of the politicians, the unions and lazy teachers to keep those schools open.

  • graham.w.white - 2012-12-21 16:41

    So effectively when OUTA fights tolling in Guateng - They are told government must be left to govern and courts should not meddle in policy. Why should municipalities not be left to Govern?

  • dave.robbins.3344 - 2012-12-21 16:48

    "In terms of the ruling, the Western Cape Education Department (WCED) would have to continue to provide subsidies and full support to the affected schools." In other words, the taxpayer once again foots the bill, never mind the inefficiencies of the scale of economics. Fransman, why don't you foot that subsidy bill since you feel so strongly about it?

      Tankiso Mogoje - 2012-12-21 16:56

      Are you aware that the parents of those learners are also tax payers Dave?Or blacks in the WC are not paying tax?

      piet.motsoeneng - 2012-12-21 17:14

      Dave, the WCED were wrong, completely wrong. no need to say Fransman this or that. You just cant justify denying innocent kids access to education.

      TSR01 - 2012-12-21 17:31

      Tankiso Mogoje, perhaps those free schools were built and funded by government, but since stopped receiving funding from the greedy ANC government, and had to rely on the Western Cape DA government for funding? In that case, free schools (like Free Basic Electricity, Affirmative Unemployment Grants, and RDP Housing) do not receive money from pupils or the parents of the pupils, but purely consume money from tax-payers to keep the "free schools" running, even if there are no teachers posted at the schools, or if there is no budget to keep them maintained, or a budget for bus services for students who stay far away - the reasons for the planned closures were to expand existing schools and build new schools at better locations, closer to where they will be access by the majority of pupils and students. It is simply a matter of the ANC blindly condemning the DA (AS ALWAYS!!!) for the sake of "trying to prove them wrong", even when its like forcing a "free ice-cream stand" to keep operating even when it costs taxpayers millions, but yields extremely limited results and convenience. * Feel free to copy-paste, or quote my response where applicable.

      tony.vanniekerk.35 - 2012-12-21 20:43

      Plet, please READ the about the current conditions of these schools. Some of them have 14 and 17 kids, two rooms and 3 teachers. You tell me how kids can be educated there. Most of these are not schools to begin with. I hate it when people comment before they actually know what is happening. READ!

      piet.motsoeneng - 2012-12-22 01:06

      Tony, you can hate all you like, the fact is out of all the commentators who support the closing of this schools here, not a single one including you has actually mentioned whats going to happen with most of those kids. Now I guess I also have to hate it when people object without coming up with alternatives.

  • mapitsi.mogale - 2012-12-21 16:54

    Firstly they've closed down most colleges now they close schools where our kids must get educated instead OPEN A POLITICAL EDUCATION of becoming THIEVES this is rubbish

      sexyfancyface - 2012-12-21 17:47

      Who closed those schools if not the ANC, the ANC even did away with Teacher Colleges guys don't be economical with the truth because you hate the DA! Who said anything about these kids not going to school? They would be integrated to another school hau suka you talk first and think later and you are very biased. What have you to say that the ANC has closed over 4000 Schools and what did you say? And guess what one of the reaasons was? Dwindling numbers. Most kids in Soweto for example go to Eldos,Lenz and private Schools and white govt because education is a sham in the townships! So tell us what you said then if it is wrong for the WC to do it. You can't just waste resources like that so go and use common sense instead of spewing bile suka man nxa!

  • bobby.rosewood.1 - 2012-12-21 16:55

    I think what Fransman says is right, school closure should be a last resort, country wide. And when DA is governing, it will make mistakes and will make people angry, just like any governing entity. They should take their knocks there just like the ANC has to in the rest of the country.

      sexyfancyface - 2012-12-21 17:56

      Sorry Bobby after ETV said they did their own investigation and there were schools that have 7 pupils! The reasons why the schools should not be closed ISNOT related to school activity. They say there are churches that run from the same schools for instance. Why should a school be kept open for it to be used as a church? This is not a mistake it is common sense at best. Zille is not an angel but this is pure common sense.What irks me is that when the ANC does it they all shut the hell up and when its the DA they make irritating noise when Brett paints a spear they all scream and when a black artist does the same they shut up can't you see that we are more racist? Wrong and right is determined by who says it and if his or skin colour is pale its like that person has no rights and that is called African nationalism and apparently I heard the ANC fought agains white domination and African nationalism. This is racist and the ANC is also intent on destroying the image of the DA to the gullible. There is nothing wrong with the education MEC's decision. These double standards make me want to puke!!!Off course the people will be angry because the calibre of the people we have is astonishing..that is why our education is in shambles...KEEP them gullible. SOrry not me

  • grenville.felton - 2012-12-21 17:00

    Frans I trust that you(ANC) and the parents of theses schools will maintain its upkeep.

  • - 2012-12-21 17:11

    for gods sake, close the schools that are no good and get the learners into better ones that the D.A are building, thats the point that everyone forgets, they are closing schools , but building newer and better ones, it makes me sick to the stomach that people jump on the cANCer bandwagon without thinking first!!

  • gary.desousa.5 - 2012-12-21 17:17

    There was no error,the laws are clear that non performing schools can be closed by provincial departments and the anc has does plenty of that in gauteng but dwell on the consequences: No new schools No better transport No better teahing facilities No school uniforms,fees, etc been paid by the DA gov to the new schools. No improvement to the education. So zulu no need to swear like most of your lot but do enjoy the 17 poor schools for a while longer.

  • piet.motsoeneng - 2012-12-21 17:22

    WCED was wrong, there is just not justification for denying innocent kids access to the fundamental right to education. The court was wrong in on Revonia judgement. We cant make kids suffer when adults fail to address challanges facing education. Every kida has a right to be in school irrespective of the challanges, that is parents' problem to sort that out.

      sexyfancyface - 2012-12-21 17:59

      Piet who said the kids are being denied of an education? Would you run a school with 7 kids for instance? For what? Tell me. If that is the case you should be up in arms making demands for the ANC to reopen the over 4000 schools they shut down. Will you do that. Ungibize uma ukwenza lokho please bhuti.

      ronald.stilianou - 2012-12-21 18:08


      piet.motsoeneng - 2012-12-21 18:34

      @sexyfancyface, it seems your denying that the kids access to educatipn but you dont say whats going to happen to those kids. So, hlep me, whats going to happen to them? It doesnt matter if Anc closed 10000 schools or 1, it is still wrong to close schools eventhose closed by Anc or anyone for that matter. I just dont want kids being casualties of anyone' inability to address problems facing education. @nu_un_clear, you say they are building new schools? that means the construction is in progress, so you think its a food idea to close the schools and wait for construction to be completed? It seems you are missing the point, schools are not beingbuolt in the same area as the ones they want to close. If they were, there woyld be no need to close rhem thwy would simply move to a new building. the problem is not mainly the buildings, but rhe number of learners and availability of teachers. ;New building does not address that problem.

      ronald.stilianou - 2012-12-21 19:22

      Of course it does!

  • mo.haarhoff - 2012-12-21 17:24

    Suburban KZN schools send all their pupils home from time to time because the water/electricity is cut because the accounts have not been paid. This judgement just means that other schools will be less efficient than they could have become and pupils will receive a less worthy education than could have been theirs. I'm quite sure the DA will work around it.

  • pws69 - 2012-12-21 17:31

    Pity this couldn't apply to the 2700 schools closed in ANC provinces as well. Education is key.

  • sexyfancyface - 2012-12-21 17:41

    But what I heard on ETV after their own investigation discovered that there is a school that has only 7 pupils really folk, stop the hatred it doesnot make sense to run a school with only 7 pupils judge or no judge. Its called wastage of resources, the ANC has closed over 4000 schools and no one sad a single word. There is a propaganda smelling here and it smells real bad.

  • abdul.cassiem.9 - 2012-12-21 17:50

    Hey!!! Fransie did you or a member of t ANC inspect these schools on a normal day to justify the satution or are you just suckin everything out of your behind

  • kobus.dietrichsen - 2012-12-21 17:50

    Fransman should start sweeping in front of his cANCer own door, sorting the school books saga amongst other problems - instead of cheap propoganda seeking methods notoriously expected of a 3rd generation hooligan

  • rian.dejager.3 - 2012-12-21 17:54

    Fransman taking the shine now,but when the ANC had the Western Cape they where useless like everywhere...

      jack.trend.3 - 2012-12-21 18:08

      I just wish we could get that thief and rapist into a court

  • craig.thom.376 - 2012-12-21 18:07

    Perhaps a little more detail is needed,I think everyone is making assumptions about the situation,why would a judge mention political parties in court surely he is mutual ?

  • mondli.khumalo.16 - 2012-12-21 18:10

    17 schools damn that's bad that's horrible wonder what's gonna happen to those poor kids. Looks like DA (Devil Alliance) and gogozille are failing to rule one province wonder how my beautiful country will become if she can get a chance to rule it. ( now we are waiting bring it on madam blame it on zuma your future husband we are listing)

      gareth.flook - 2012-12-21 18:24

      News 24 removed my comment before, but I'll say into in a nicer way: would u kindly keep your uneducated and biased opinions to yourself: FACT- Western Cape is by far our best province, look at Stellenbosch and Cape Town_ far better and more sophisticated than anything you'll see in SA

      craig.vanstade - 2012-12-21 18:38

      AS a DA supporter I must admit here they were wrong! Dont mind Gareth Mondli, his type have are one track minded and could never admit when in the wrong. It is people like him who make me think twice about voting DA cometh the next election! These ones will never change, they cannot be proven wrong even though the truth stares them straight in the face!

      mondli.khumalo.16 - 2012-12-21 18:52

      I never said western cape is not nice, before you evaluate my education credentials and before you insult me may I remind you that western cape is not just Cape Town, destroying books and school is not justifiable but if I had to choose what to destroy between the 2 most def it wouldn't be 17 schools. WHERE IS HELLEN ZILLE THIS MATTER IS BEEN ON THE MEDIA FOR SOMETIME NOW WHERE IS HER LEADERSHIP or she lost her way back from nkadla

      gareth.flook - 2012-12-21 19:38

      I can assure u my education credentials are superior to yours, I'm still young and aspiring and I'm looking at the bigger picture of the fundamental problems in SA. I love SA but people like the 2 above are so stubborn- you have the nerve to call me one track minded? Why u hating on me? U don't know me, I'm not your friend. Just saying this country with the way it's going NEEDS BIG change.. I've never voted before but I will next time around- every political party will have it's flaws and make mistakes.

      gareth.flook - 2012-12-21 19:41

      What, so u going to vote for the ANC next time craig? LMAO

      grenville.felton - 2012-12-21 20:19


      craig.vanstade - 2012-12-21 21:44

      Gareth what makes you for one second think that your education credentials are superior to Mondli's? Because his last name is Khumalo? For the record, I could never vote ANC, I could never vote for corruption or for a party that is milking this country and me as a tax payer for what we are worth! Might just vote for the KISS Party next elections! Just hate how folk like yourself turn to insults when anyone has a different opinion or view. Because Mondli has a different view than yours he is now uneducated and biased! Your insults are hurting yourself and the DA more than you realize!

      piet.motsoeneng - 2012-12-22 00:58

      Dont worry about Gareth, it seems he is one of those who have superiority complex. That cant be fixed through reasoning.

  • bongani.mtsweni.35 - 2012-12-21 18:25


  • lourainet - 2012-12-21 18:30

    So we have few hu support the closure of these skuls?? Like rili?? How selfish cud DA be, if its true then hw d u expect me to vote u while u closing our fellow blacks skuls, come on :(,, DA was my last hope fr change

  • ed.jacobs.50 - 2012-12-21 18:35

    I think i understand what and where the problem resides, education indeed. WC wants its kids to be educated and works towards them making a contribution to make WC prosper. The ANC, read Fransman, wants an uneducated populace, henchman; the more uneducated, the better. If WC wants better for the kids in the indicated schools, do not foul in the administrative process of providing that sought after education!!!

  • khaya.blaai.1 - 2012-12-21 18:38

    It is pathetic that the DA led province province would want to close down school when they are so vocal on education matters. They must learn to practice what they preach. They can start by honoring he court ruling and ensure that those schools are fully functional.

  • peter.jordaan.5 - 2012-12-21 18:38

    The immaturity shines through clearly yet again. Don't worry in a few weeks the same is coming to ANC controlled areas... Childish and immature. The financial pressures are on guys accept it. What we have to do is find ways to work together to solve problems ...

  • rob.fleming.104 - 2012-12-21 18:46

    The "End Of The World" must have been planned by the "ANC".....Because once again they failed to deliver

  • john.cryink - 2012-12-21 18:47

    1910 or 1948 can a cANCer supporter tell me at any of those years where would you have found the teachers to give you this good education that you missed out. If cANCer ruled SA in afore mentioned years there would not have been a tar road between Johannesburg and Pretoria.

  • john.cryink - 2012-12-21 18:50

    1910 or 1948 can a cANCer supporter tell me at any of those years where would you have found the teachers to give you this good education that you missed out. If cANCer ruled SA in afore mentioned years there would not have been a tar road between Johannesburg and Pretoria.

  • Karabo Phetoane - 2012-12-21 19:04

    people are bitter and they want to deprive black children education like they did during apartheid day.Zille jou Liegbek!!!!

      nettie.potgieter.5 - 2012-12-21 19:56

      Sham you don't even know the facts and like a parrot just repeat other idiots remarks!

  • bushy.mogale.39 - 2012-12-21 19:46

    Talk about education being the key to a better future, I am surprised that the WCED would want to close 27 schools. Where do they expect the poor kids to get education from? How pathetic and selfish could they be. Now WCED has to pay all the legal costs accumulated during court proceedings and also maintain the smooth running of the schools.

  • willem.louw.16 - 2012-12-21 20:09

    Has any body bother to look into the reasons why these schools are being closed??? If you look at the motivation you will find that the reasoning is justifiable. Some of these schools have been deemed unfit and pose serious threats to the safety and wellbeing of the students. They neither have the funding nor the means to improve or sustain the school and guarantee the well being of the teachers and or students. Further more many of these schools fair bad in terms of performance. Dangerous, Safety, Poor performance, no money, no infrastructure. These sound like very good reasons to me to close the school. I'd rather homeschool my child then send it so a school where things are that bad. Its not nice, I agree and I don't think anyone in the DA is doing a happy dance thinking the just screwed over 1000s of desperate people... But the facts are the facts, if a situation is irreparable and unsustainable you shut the program down. It's a harsh but realistic truth in life. If there is no money there is no money. Period. People should start educating themselves on where money comes from and how the cycle works. It's actually quite obvious. I have heard loads of people complaining and whining but not a single sustainable solution has been raised. People are criticising the DA but in the next breath they want, no demand the big bad evil DA to continue footing the bill for these "Lost Cases". Get Real!

  • nettie.potgieter.5 - 2012-12-21 20:23

    Sometimes I feel like saying, why the hell anybody want try to lift these people out of the mud because they seem to love living in those conditions. Just let them be, let them wallow in the mud, don't try to uplift them. Then I remember the ANC and Kotsato is only playing games and don't care for people. So please DA don't give up caring for these poor children, who is the ones who is going to get hurt.

  • lourainet - 2012-12-21 20:41

    Ths is simple , just pay for those kids n take them out of that skul if u can,, shud u b able to relocate n sponsor them wth food n transprt then parents will get u,, jst do that n c if u rili mean that n u care,, tke them all n pay fr them

      nic.nomicos.3 - 2012-12-21 21:39

      What a chop....

  • mohlaoliwilliam.khambule - 2012-12-21 20:55

    The Da must know that each and every party will have a conference and ELECT not select leaders like them.and those elected members will only be removed by the members of that particular party at this stage Msholozi was democretically elected at what about depriving sa children a chance to learn? i really need answers from the DA leader.

      ed.jacobs.50 - 2012-12-21 21:30


  • Berto En Petra Mostert - 2012-12-21 22:22

    Useless SADTU teachers made a mess of these school and parents decided to move their children to better functioning schools?

  • Stefan Erasmus - 2012-12-21 23:54

    Then make it beter yourself. Whites done should try it....its nice.

  • Chadwynn Karsten - 2012-12-22 07:33

    its obvious that ANC supporters are comfortable with keeping poorer people in schools that don't offer sufficient support and education. Eventually when these kids finish school, they wont be equipped to get into varsity's or technikons and will be forced into bread line incomes keeping them at the same position their families came from. Where's the Black Economic Empowerment in that? Not all black people were poor during apartheid, those same black people received a good education. Company's don't hire people with a 30% pass unless its for cleaning or gardening.

  • werner.luitingh - 2012-12-22 09:05

    Ironic the ANC dictating about education. To the irrational, the notion for the closure is to concentrate resources on identified schools by virtue of the closure of others. Thus improving the quality of education. Savvy?

  • leonard.benjamin.129 - 2012-12-22 11:00

    Has anyone really taken the time to consider what the "judgment" means. It was for an interdict, i.e an interim measure to stop the closures, pending a review of the decisions.The court found that the process followed by the DA to reach them was flawed.It in no way intimates that the actual decisions were wrong - at the end of the review, the court may very well find that the closures are justifiable. Of course, Fransman is such a political opportunist that he chooses to misconstrue the actual meaning of the order. Either that or he is a complete moron. Having said that, this is a double -edged sword - if it has established a precedent, the ANC's decisions will also be subject to it.With its record ,(remember the toilet saga), it should be concerned.

  • darryl.maze1 - 2012-12-25 00:38

    Tony ans Marius should get married. They both make a perfect couple, just complain, complain and complain. The DA have a good reason to close these schools down and have done there homework, not like you uneducated ANC idiots. If you cant handle it Marius then get lost. Go sort out the other 8 messed up ANC run province before you come complain here

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