Eastern Cape Education Department ignores court order regarding appointment of teachers

THE Eastern Cape Education Department appears to be above the law. Last week, the High Court in Bisho issued a temporary court order to force this department to appoint teachers in the some 6000 vacant positions in the province. This court order was in reaction to an urgent application by the Federation of Governing Bodies of South African Schools (FEDSAS) and its education partner, the South African Teachers' Union (SAOU).

"It appears as if the department is determined not to adhere to the court order," said Mr Paul Colditz, FEDSAS CEO, and Mr Chris Klopper, SAOU CEO, in a joint media release.

Colditz and Klopper said they've been informed by schools in the province that the department decides randomly and arbitrarily how many posts to award to schools without taking into account the needs of the school and the learners. Only some schools in Eastern Cape districts were contacted - telephonically, not in writing - to provide details regarding so-called "critical" posts to education officials.

Westering High School, one of the applicants in the court application, has 12 vacant positions, but the department has decided that the school only qualifies for one "critical" post. "Enquiries by principals regarding the process and the criteria for ‘critical' posts go unanswered," said Colditz and Klopper.

As if this is not enough, FEDSAS and the SAOU were informed earlier that the department is planning on cutting the number of teaching positions in the province with some 4000 positions on a permanent basis. The long-term implications of this decision are bigger classes, less effective education and lower teacher morale.

FEDSAS and the SAOU said quality education cannot be delivered in this manner. "The first of President Zuma's so-called three Ts is ‘teacher in class' - but not even this is happening. The situation regarding education in the Eastern Cape is becoming more critical by the day."

The urgent court application was the result of a decision by the Eastern Cape Education Department to try and solve its financial crisis by cutting teaching positions. "In the meantime we are going ahead on Friday (4 March 2011) with our application to request the court to order that the original court order be implemented immediately pending the result of the department's request for leave to appeal," said Colditz and Klopper.

"This entire situation is tragic: Education should take place in the classroom, not a court room. But if court cases are necessary to ensure quality education, FEDSAS and the SAOU will not rest until there is a teacher in every classroom."

(FEDSAS is a voluntary association of school governing bodies of public schools and supports quality education in these schools. Some 1100 public schools are already members of FEDSAS).

Statement issued by Mr Paul Colditz, CEO: FEDSAS, and Mr Chris Klopper, CEO: SAOU, March 1 2011

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