FEDSAS will proceed with an application for contempt of court if the North-West Education Department does not comply in full with an urgent interim court order by next week. The school governing body organisation has sent a letter of demand to the provincial education department in this regard. 

The court order followed an urgent court application over the unlawful placement of 78 additional learners at Swartruggens Gekombineerde Skool just days before the start of the school year. The court granted temporary protection against a decision by the Head of Education in Nort-West to amend the language and admission policies of the school. The provincial education department was also ordered to comply with the instructions as a matter of urgency.

“Education is clearly not a priority for this education department. Since the ruling four months ago, the department has not met a single deadline. Very little effort has been made to adhere to explicit instructions,” says Dr Jaco Deacon, CEO of FEDSAS. The organisation is supporting the Swartruggens SGB in the court application.

Although the school and the provincial education department have been in discussions about additional learners, the process was far from being finalised. “The SGB was still awaiting written confirmation from the department that it will provide the necessary resources and that the prescribed consultation processes will take place in accordance with the amended Schools’ Act,” says Dr Juané van der Merwe-Mocke, FEDSAS Deputy CEO and Head of Legal Services. 

She says one of the challenges is that the school has reached its authorised capacity. Serious infrastructure issues also pose a threat to learners’ safety. The court ordered the North-West Education Department to provide the school with immediate infrastructure, staff, safety, and other support for the temporary accommodation of the additional learners without any cost to the school. The court maintained supervisory jurisdiction and the provincial education department was supposed to report to the court on its progress within specific timeframes.

“To date, none of the court-ordered compliance reports have been filed and the department has made no effort to explain its non-compliance to the court,” says Van der Merwe-Mocke. Due to ongoing issues with infrastructure and insufficient support, the school cannot accommodate any new English-medium Grade 8 learners.

Deacon says as with statutory obligations, the court order is not a request. “It is a High Court order that requires full compliance. There should be consequences for officials who are in contempt of court orders, disregard learners’ constitutional rights, and treat schools and SGBs with the same contempt.”

FEDSAS is going ahead with the second part of the initial court application, which will be heard at a later date. “We are requesting a punitive cost order in their personal capacity against the North-West Head of Education. It is outrageous to expect tax payers to foot the bill when the State has to defend its officials’ incompetence and abuse of power in court.”