Education
With regard to the Grootkraal UCC Primary School’s court case against her Department:
(1)(a) What were the details and judgment in the case, (b) what are her Department’s plans to develop and renovate the school and (c)(i) what is the status of the School Governing Body, (ii) who are its members and (iii) when they were elected;
(2) whether there are any current and/or pending disciplinary actions against (a) teachers, (b) SMT members or (c) the principal; if so, (i) what are the relevant details, (ii) what are the specific transgressions under investigation, (iii) when did the investigation start and (iv) what was the complaint?
[1] [a] On 28 November 2018, the Supreme Court of Appeal, in Grootkraal v Botha NO and Others 2019 [2] SA 128 [SCA], handed down judgment in which it conferred registerable rights on the Grootkraal Community ["Community"] in the form of a public servitude. It should be noted that neither the Provincial Minister of Education nor the WCED were a party to the SCA case, and no order was made in respect of either the Provincial Minister or the WCED.
[b] The Department will only be in a position to determine the infrastructure needs once the servitude has been registered. The school has adequate infrastructure to accommodate the learners of the surrounding farms. Learners from Oudtshoorn can be enrolled in schools in Oudtshoorn as there is enough space to accommodate them.
[c] [i] The School Governing Body [SGB] has been dissolved by the WCED Head of Department. An interim SGB has been appointed until 30 June 2022, whereafter a new SGB will be elected.
[ii] TC Bango – Circuit Manager [Chairman of SGB]
R Sabat - Treasurer [District Official]
C Jacobs - SFRO [Circuit official]
D Biljohn - Admin Officer [Secretary]
[iii] These officials were appointed by the SG on 31 March 2022.
[2] [a] No
[b] Yes – against the school’s Head of Department [acted as principal until 31 March 2022]
[c] No
[i] Insubordination and failure to take reasonable steps to prevent financial mismanagement by the school governing body.
[ii] Section 18[1][i] of the Employment of Educators Act, 79 of 1998 [EEA] in that she failed to carry out an instruction and section 18[1][a] of the EEA read with section 16A [2][i] of the South African Schools Act.
[iii] February 2022
[iv] Financial Mismanagement and Insubordination
