New group of schools sue department

Another group of schools has asked the court to compel provincial education bosses to repay them for teachers’ salaries.

Stirling, Burgersdorp and Nahoon primary schools, Grens Pre-Primary and Graeme College are asking for just over R1.2-million between them.

All but Nahoon’s bills are for the first term of 2011, January to March. Nahoon’s are for the period from January 2011 to December 2012.

MEC Mandla Makupula and head of department Sizakele Netshalaphala have been cited as defendants.

“ intentionally or grossly negligently failed to fill the full quota of educator posts provided for in the department’s approved post establishment by failing to allocate an adequate number of educators,” the schools said.

The two had breached their legal duties and infringed on the pupils’ right to basic education during the said periods, the schools added.

“As a result, obtained and paid for the services of various educators so as to fill the approved post left vacant by .”

Makupula and Netshalaphala, in papers filing a notice to oppose, have denied they breached their legal duties and infringed on the pupils’ right to basic education.

“ have no knowledge whether the alleged educators were in fact employed during the period claimed whether the amounts, if paid, were reasonable,” they argue.

They admit their failure to pay the amount, say this is consistent with their plea and ask the court to dismiss the schools’ claims.

The parties have agreed to a pre-trial process. Michael Randell, the schools’ attorney, says they cannot prepare for it until the department submits certain documents.

Yesterday acting judge Xoliswa Bacela ordered Makupula and Netshalaphala to bring the papers.

Last year Lady Grey Arts Academy, PJ Olivier High, Barkly East High, Aliwal North Primary, Stutterheim High and Grens High schools demanded a combined R2968986.

In December 2014 the Grahamstown High Court ordered education authorities to take urgent steps to permanently appoint teachers already employed by 90 school governing councils and reimburse schools R81.4-million for the salaries paid since 2011. — siyab@dispatch.co.za

subscribe

Would you like to comment on this article?
Register (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.