Sad day for education, as court ruling set aside a decision to close 17 schools says MEC
Cape Town - A court ruling to set aside a
decision to close 17 schools marked “a sad day for education”, Western
Cape Education MEC Donald Grant has said.
On Wednesday Western Cape High Court Judges
Andre le Grange and Nape Dolamo set aside Grant's decision, made in
October to go into effect from December 31. He and his department were
ordered to pay the legal costs of the schools and their governing
bodies.
The SA Democratic Teachers' Union (Sadtu), which was listed as an applicant, was ordered to pay its own costs.
The judges ruled that the reasons given for
the closures were brief and that the public consultation process that
followed was inadequate.
Le Grange found that the reasons Grant presented for possible closures were largely inadequate and irrational.
“The applicants have demonstrated in the papers
filed that the schools the MEC decided to close have remarkable
similarities to those he decided to keep open,” he said in the judgment.
“The difference between the MEC's initial and
final reasons for closure at certain schools... in my view gives further
credence to the applicants' complaint of irrationality.”
The court found the public consultation process an “artificial formality” that fell short of what was reasonably expected.....
it was gathered that Grant announced last year that 27 schools faced possible closure for
various reasons. After representations were made at public hearings, he
decided to close 18 schools and transfer pupils to “receiving schools”.
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