New approach could see department assets seized.
MORE than 30 government schools, including top East London schools, have launched a multi-million rands class action against national and provincial education departments.
The Grahamstown-based Legal Resources Centre is spearheading the action on behalf of the schools.
The 32 applicant schools – and any other school in the province that registers to opt-in to the urgent class action – want every one of their vacant substantive teacher posts permanently filled and all teachers paid accordingly.
They are also asking the court to order the department to reimburse schools that have paid for teachers’ salaries out of school funds.
Education department spokesman Loyiso Pulumani said the department had not yet been made aware of the class action but would comment in full once it had the court papers.
According to the papers, the 32 applicant schools want the department to reimburse them some R24.8-million paid to date on teacher salaries they say the department should have paid.
This figure is likely to grow substantially as more public schools join the legal action.
The application already involves some of the province’s premier former model C schools as well as many of its poorer no-fee schools.
Those involved include East London’s Cambridge Primary and High schools, Stirling Primary and High, Hudson Park Primary and High, Selborne Primary and Selborne College, and Clarendon Prep and High. It also involves Port Elizabeth’s Collegiate and Grey Junior and High schools.
But while the schools are battling to get the department to permanently fill vacant posts and reimburse them millions of rands in school funds they have had to pay in teacher salaries, there are poorer schools in even worse positions.
No-fee schools such as George Dickerson in Grahamstown have desperately tried to raise funds to pay teachers because the department failed to do so.
Despite being a no-fee school George Dickerson’s school governing body managed to pay two temporary teachers a meagre R4000 a month each for a while.
The cash strapped school finally resorted to paying a willing but unqualified parent R50 a day to come in and help supervise and teach.
The ongoing failure to fill teaching and administrative posts at schools is threatening the right of Eastern Cape children to a basic education, warns LRC director Sarah Sephton in an affidavit in support of the class action.
The court application is being brought in two parts.
The first concerns immediate relief on an urgent basis for the 32 applicant schools only.
In the second part, the LRC is asking the high court to certify what it terms an “opt-in” class action.
The class action will allow any school in the province that has unfilled vacant substantive teacher posts or has not been reimbursed for salary payments to join the 32 schools for similar relief.
Sephton said in her affidavit that there was an ongoing and inexcusable failure by the provincial and national departments to fill all vacant substantive posts at schools – despite court orders to do so.
“It is highly likely that the same will occur in 2014.”
But the LRC has taken a novel approach to ensure that the department pays any money the court orders it to.
It has asked the court to declare the amounts it orders the department to pay as “debts owed” in terms of the State Liability Act.
This means that if the department fails to pay within 30 days of the court order, the schools can ask the sheriff to seize departmental assets and sell them off to satisfy the “debt”.
The LRC will ask the court to direct that all schools that wish to opt in to the class proceedings submit affidavits to the LRC setting out their vacant substantive posts as well as money the department owes to their schools for salaries.
The matter is due to be argued in January.
Schools launch class action
MORE than 30 government schools, including top East London schools, have launched a multi-million rands class action against national and provincial education departments.
The Grahamstown-based Legal Resources Centre is spearheading the action on behalf of the schools.
The 32 applicant schools – and any other school in the province that registers to opt-in to the urgent class action – want every one of their vacant substantive teacher posts permanently filled and all teachers paid accordingly.
They are also asking the court to order the department to reimburse schools that have paid for teachers’ salaries out of school funds.
Education department spokesman Loyiso Pulumani said the department had not yet been made aware of the class action but would comment in full once it had the court papers.
According to the papers, the 32 applicant schools want the department to reimburse them some R24.8-million paid to date on teacher salaries they say the department should have paid.
This figure is likely to grow substantially as more public schools join the legal action.
The application already involves some of the province’s premier former model C schools as well as many of its poorer no-fee schools.
Those involved include East London’s Cambridge Primary and High schools, Stirling Primary and High, Hudson Park Primary and High, Selborne Primary and Selborne College, and Clarendon Prep and High. It also involves Port Elizabeth’s Collegiate and Grey Junior and High schools.
But while the schools are battling to get the department to permanently fill vacant posts and reimburse them millions of rands in school funds they have had to pay in teacher salaries, there are poorer schools in even worse positions.
No-fee schools such as George Dickerson in Grahamstown have desperately tried to raise funds to pay teachers because the department failed to do so.
Despite being a no-fee school George Dickerson’s school governing body managed to pay two temporary teachers a meagre R4000 a month each for a while.
The cash strapped school finally resorted to paying a willing but unqualified parent R50 a day to come in and help supervise and teach.
The ongoing failure to fill teaching and administrative posts at schools is threatening the right of Eastern Cape children to a basic education, warns LRC director Sarah Sephton in an affidavit in support of the class action.
The court application is being brought in two parts.
The first concerns immediate relief on an urgent basis for the 32 applicant schools only.
In the second part, the LRC is asking the high court to certify what it terms an “opt-in” class action.
The class action will allow any school in the province that has unfilled vacant substantive teacher posts or has not been reimbursed for salary payments to join the 32 schools for similar relief.
Sephton said in her affidavit that there was an ongoing and inexcusable failure by the provincial and national departments to fill all vacant substantive posts at schools – despite court orders to do so.
“It is highly likely that the same will occur in 2014.”
But the LRC has taken a novel approach to ensure that the department pays any money the court orders it to.
It has asked the court to declare the amounts it orders the department to pay as “debts owed” in terms of the State Liability Act.
This means that if the department fails to pay within 30 days of the court order, the schools can ask the sheriff to seize departmental assets and sell them off to satisfy the “debt”.
The LRC will ask the court to direct that all schools that wish to opt in to the class proceedings submit affidavits to the LRC setting out their vacant substantive posts as well as money the department owes to their schools for salaries.
The matter is due to be argued in January.
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos