Schools to remain open says court

10 June 2020

The schools can remain open. This comes after the North Gauteng High Court rejected the application from the Educators’ Union of South Africa (EUSA) to close the schools. Solidarity has become a party to this lawsuit, arguing that schools that can meet health requirements should remain open. Solidarity welcomed the ruling.

“This ruling is a victory for learners and teachers, given that this victory promotes their access to education and the right to work,” Dr Dirk Hermann, Solidarity chief executive said. 

The court found that EUSA’s application contained material flaws which led to the dismissal of the case. 

“It remains regrettable that, apart from this application, efforts are still being made to bring the school programme to a halt. Solidarity and Solidarity’s Schools Support Centre (SSC) will take all possible legal avenues to ensure that the school programme can continue,” Hermann said. 

Most schools opened on 8 June and the school programme is running smoothly. 

“The approach to closing all schools if an equal level of readiness is not achieved at all schools, is unsustainable and unconstitutional. Governing bodies are the appropriate bodies tasked to take decisions in the best interests of the school and its learners,” Melanie Buys, head of development at the Schools Support Centre, said. 

“Closing schools also has a huge negative impact on learners, teachers and the community. It is not only the right to education that is violated but it also has substantial practical consequences such as not being able to complete the school programme and the reality of retrenchments of those in governing body posts,” Buys added. 

Solidarity and the Schools Support Centre welcome the ruling and will continue to be involved in matters and initiatives that promote the independence of schools and school communities. 

Issued by Werner Human, Deputy Chief Executive: Legal Matters and Research, Solidarity, 10 June 2020