Teacher shortage a legal battle

Fifteen Eastern Cape schools have taken the education department to court over the appointment of teachers in a looming legal battle that could bring changes to the employment of teachers and non-teaching staff.

The schools have also jointly filed papers with the Northern Areas Education Forum in Port Elizabeth, in a matter expected to be heard in court today.

The department has filed opposing papers.

Eastern Cape acting superintendent-general Siza Netshilaphala confirmed that papers were lodged in court. “I did seek legal advice and can confirm that we lodged papers opposing the application.”

The schools are Ntsika Senior Secondary School, GJ Louw Primary, Sanctor High, Otto du Plessis Senior Secondary School, Jeffreys Bay Primary, Stulting Primary, Lorraine Primary, Altona Primary, Despatch High, Sunridge Primary, Piet Retief Primary, Mount Pleasant Primary, Erica Girl’s Primary, Settlers Park Primary and Rufane Donkin Primary.

Yesterday, Port Elizabeth northern areas education forum chairman Ronald Matthys said a decision had been taken by parents to go to court.

“Nothing has transpired in meetings with the department since 2014. This was not the spur of the moment thing. This legal route was advised since last year.”

Matthys declined to comment on the case saying the matter was sub judice.

This comes after premier Phumulo Masualle led a delegation to the northern areas earlier this year during the reopening of schools to deal with challenges faced by schools, including shortages of teachers.

Provincial government spokesman Sizwe Kupelo said: “Government is worried about the constitutional rights of children being tampered with by adults. We want a speedy resolution to the problems there.”

Their notice of motion was filed in the Grahamstown High Court on Friday last week.

The motion was filed together with the founding affidavit of the Port Elizabeth northern areas education forum secretary Richard Collin Draai, in which he stated the South African Democratic Teachers Union (Sadtu) had made several attempts to raise concerns about the teaching posts made available this year.

Sadtu provincial administrator Sindisile Zamisa said: “This case does not come as a surprise to us. We were the first ones to object even before the declaration was made.”

Zamisa said through negotiations, the department agreed to fill 1665 vacant posts.

He said they were monitoring that process. — msindisif@dispatch.co.za

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