For almost five years, the Eastern Cape department of education has thumbed its proverbial nose at six schools which forked out almost R3-million to pay teachers whom the department would not appoint.Not for the first time in this matter, the Bhisho High Court has placed the department on terms to litigate or pay up. But, given the department’s legal runaround over the past two years, it is likely the schools will have to approach the court again to force payment from government.
The matter goes back to the first school term of 2011, when the department failed to appoint a total of 34 teachers at the various schools, Stutterheim High, Lady Grey Arts Academy, Barkly East High, Aliwal North Primary, PJ Olivier High in Grahamstown and East London’s Grens High.
In total, the schools are claiming R2.96-million for the amounts they spent from their own funds to pay teachers from January to March 2011, after the department failed to fill the full quota of posts made available at the schools. The vacant posts were eventually filled by the department following another court application.
Summons in the current matter was issued in October 2013 and the department entered an appearance to defend the matter in court.
But it has used court processes to obtain postponements, avoid pleading a defence as required by court rules and oppose the schools’ applications for default judgment for payment of the debt.
Two years later, the department has been granted leave for a bar against it to be removed so that it can oppose the default judgment – the second time this has happened in the case.
Court papers and submissions in court this week affirm that the department agrees the schools must be reimbursed for paying teacher salaries for the three months.
However, the department disputes the amounts of money for which it is liable, stating the amounts claimed are “exorbitant”.
The schools have submitted that the salaries they disbursed to teachers and the amounts that should now be reimbursed to the schools were calculated according to the department’s agreed salary scales and benefits.
Bizarrely, given the amount of legal costs that have been wasted as a result of high court postponements granted to the department, the department has said the litigation should have happened in the magistrate’s court to reduce the costs.
This week, Judge Igna Stretch ordered that the bar on the department be lifted and that the department enter its plea to defend the matter within 20 court days. — rayh@dispatch.co.za
Slow justice for schools ‘owed’ R2.96m by state
Not for the first time in this matter, the Bhisho High Court has placed the department on terms to litigate or pay up. But, given the department’s legal runaround over the past two years, it is likely the schools will have to approach the court again to force payment from government.
The matter goes back to the first school term of 2011, when the department failed to appoint a total of 34 teachers at the various schools, Stutterheim High, Lady Grey Arts Academy, Barkly East High, Aliwal North Primary, PJ Olivier High in Grahamstown and East London’s Grens High.
In total, the schools are claiming R2.96-million for the amounts they spent from their own funds to pay teachers from January to March 2011, after the department failed to fill the full quota of posts made available at the schools. The vacant posts were eventually filled by the department following another court application.
Summons in the current matter was issued in October 2013 and the department entered an appearance to defend the matter in court.
But it has used court processes to obtain postponements, avoid pleading a defence as required by court rules and oppose the schools’ applications for default judgment for payment of the debt.
Two years later, the department has been granted leave for a bar against it to be removed so that it can oppose the default judgment – the second time this has happened in the case.
Court papers and submissions in court this week affirm that the department agrees the schools must be reimbursed for paying teacher salaries for the three months.
However, the department disputes the amounts of money for which it is liable, stating the amounts claimed are “exorbitant”.
The schools have submitted that the salaries they disbursed to teachers and the amounts that should now be reimbursed to the schools were calculated according to the department’s agreed salary scales and benefits.
Bizarrely, given the amount of legal costs that have been wasted as a result of high court postponements granted to the department, the department has said the litigation should have happened in the magistrate’s court to reduce the costs.
This week, Judge Igna Stretch ordered that the bar on the department be lifted and that the department enter its plea to defend the matter within 20 court days. — rayh@dispatch.co.za
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