Education
Question by:
Hon Khalid Sayed
Answered by:
Hon Debbie Schäfer
Question Number:
10
Question Body:
With regard to the case against the principal of the Grove Primary School:
- (a) What efforts have she and her Department made to ensure that sum-mons 16290/19 at the Wynberg Magistrate’s Court is enforced before the principal retires, (b) what measures have been implemented to ensure the proper and full recovery of the funds that were misappropriated and received by the principal and or other members of the school governing body;
- whether she can provide further details of the progress of the legal proceedings, pending or otherwise, related to this matter; if not, why not; if so, what are the relevant details?
Answer Body:
- (1) (a) A summons cannot be “enforced”. It constitutes the initiation of legal proceedings. Only once a judgment is obtained, is there something potentially enforceable. The length of time this takes is beyond our control.
(b) The Department has instructed the State Attorney to recover the funds, and that process is being monitored and overseen by the Western Cape Legal services, through which the State Attorney has been appointed and instructed to recover the funds.
- The legal proceedings are ongoing. The principal and members of the governing body (at the time) elected to defend the matter, and the principal’s attorneys gave notice of intention to challenge the validity of the claim, but have not yet indicated their defence. Given the COVID-19 situation it is difficult to predict when this matter could be heard in court, but legal processes are ongoing. Mediation is however being considered as a way of expediting the matter.
Date:
Friday, February 12, 2021
