Education MEC Mandla Makupula has asked the East London High Court to reverse the sale of school grounds to businessman Jean du Plessis as being “illegal”.
Du Plessis bought the land on which Playways Pre-Primary School in Jarvis Road, Berea, was built, for R155000 in 2006.
The school still operates from the property but the sale is being disputed by Makupula, school principal Deborah van Coeverden de Groot and advocate Lisolomzi Kalimashe, the deputy chairman of the school governing body (SGB), who claim the sale to Du Plessis was illegal.
Court documents point to uncertainty over the land ownership and include allegations of corruption in the disposal of the property.
Playways, a private company, Cinzaco 107 (Pty) Limited, and the Registrar of Deeds have been cited as respondents. Du Plessis is a director and shareholder of Cinzaco.
Education acting superintendent-general Ranwedzi Nengwekhulu said in an affidavit that the school was a public school but uncertainty existed over the ownership of the land.
Kalimashe said the chairman of the SGB, Gert Bezuidenhout, had convened an unlawful meeting in which he said the school should be sold.
Bezuidenhout had told other members of the SGB that it was a “done deal” and they just had to decide on the purchaser of the property.
Kalimashe had objected to the meeting as well as the sale but was ignored.
Van Coeverden de Groot told the court in an affidavit that Bezuidenhout allegedly took a R200000 bribe from Du Plessis for the sale of the 3793m² of land.
She said he had confessed the amount to her in an informal conversation.
“I further learnt that the sale price was R155000. I was shocked by this as the school is situated on a large erf and contains many improvements,” she said adding that a valuation showed properties of similar size selling at R2-million.
Bezuidenhout denied the bribe, saying that during his tenure as SGB chairman he had laid charges against Van Coeverden de Groot and Yolande Viljoen, a former school administrator, for theft of R70000.
According to Bezuidenhout, the two women were convicted and sentenced to correctional supervision.
Bezuidenhout said he had discovered the school was in “dire financial straits”, with the only income being school fees and funds raised by parents.
The school would have been unable to carry on operating because of the substantial debts.
He maintained the school was a private and not a public facility.
He said Kalimashe owed the school R10000 in respect of an unpaid loan.
Du Plessis told the court there was nothing untoward about the sale.
“There is no provision in the South African Schools’ Act which prevents the sale by an independent school of land owned privately,” he said.
He said the court papers were served on March 12 2010, more than three years after the conclusion of the deed of sale.
He denied the bribe and said the proceedings were done in an open and democratic manner.
“To suggest that I would have paid a bribe to acquire the fixed property is ludicrous,” Du Plessis added.
The matter will return to court on September 19. — siyab@dispatch.co.za
MEC looks to reverse school land purchase
Du Plessis bought the land on which Playways Pre-Primary School in Jarvis Road, Berea, was built, for R155000 in 2006.
The school still operates from the property but the sale is being disputed by Makupula, school principal Deborah van Coeverden de Groot and advocate Lisolomzi Kalimashe, the deputy chairman of the school governing body (SGB), who claim the sale to Du Plessis was illegal.
Court documents point to uncertainty over the land ownership and include allegations of corruption in the disposal of the property.
Playways, a private company, Cinzaco 107 (Pty) Limited, and the Registrar of Deeds have been cited as respondents. Du Plessis is a director and shareholder of Cinzaco.
Education acting superintendent-general Ranwedzi Nengwekhulu said in an affidavit that the school was a public school but uncertainty existed over the ownership of the land.
Kalimashe said the chairman of the SGB, Gert Bezuidenhout, had convened an unlawful meeting in which he said the school should be sold.
Bezuidenhout had told other members of the SGB that it was a “done deal” and they just had to decide on the purchaser of the property.
Kalimashe had objected to the meeting as well as the sale but was ignored.
Van Coeverden de Groot told the court in an affidavit that Bezuidenhout allegedly took a R200000 bribe from Du Plessis for the sale of the 3793m² of land.
She said he had confessed the amount to her in an informal conversation.
“I further learnt that the sale price was R155000. I was shocked by this as the school is situated on a large erf and contains many improvements,” she said adding that a valuation showed properties of similar size selling at R2-million.
Bezuidenhout denied the bribe, saying that during his tenure as SGB chairman he had laid charges against Van Coeverden de Groot and Yolande Viljoen, a former school administrator, for theft of R70000.
According to Bezuidenhout, the two women were convicted and sentenced to correctional supervision.
Bezuidenhout said he had discovered the school was in “dire financial straits”, with the only income being school fees and funds raised by parents.
The school would have been unable to carry on operating because of the substantial debts.
He maintained the school was a private and not a public facility.
He said Kalimashe owed the school R10000 in respect of an unpaid loan.
Du Plessis told the court there was nothing untoward about the sale.
“There is no provision in the South African Schools’ Act which prevents the sale by an independent school of land owned privately,” he said.
He said the court papers were served on March 12 2010, more than three years after the conclusion of the deed of sale.
He denied the bribe and said the proceedings were done in an open and democratic manner.
“To suggest that I would have paid a bribe to acquire the fixed property is ludicrous,” Du Plessis added.
The matter will return to court on September 19. — siyab@dispatch.co.za
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