The Western Cape High Court says the leave to appeal brought by the Western Cape Education Department to reinstate Wesley Neumann as Heathfield High School principal, is not valid.
The Western Cape Education Department (WCED) last Friday
filed an application for leave to appeal the decision of the Labour Court with
regards to Wesley Neumann’s dismissal. Bush Radio News previously reported that
the Labour court ruled that the Heathfield High School principal should be
reinstated, overturning his dismissal for refusing to reopen the school during
the coronavirus pandemic in 2020.
The Special Action Committee – Education (SAC-E) notes decisive ruling by the Labour Court, handed
down by Justice Molatelo Robert Makhura, as yet another damning indictment of
the Western Cape Education Department’s conduct in the matter of Principal
Wesley Neumann.
SUPPLIEDIn a packed courtroom so full that additional chairs had to
be brought in, Justice Makhura dismissed the WCED’s application to strike out
Mr Neumann’s enforcement application, which the Department had brought on the
spurious basis of alleged non-compliance with Practice Directive 1. The Court
found no merit in the WCED’s argument and rejected it outright.
‘’Once again, the WCED deliberately avoided the legal
merits of the case, choosing instead to hide behind technical objections in a
desperate attempt to delay justice. Justice
Makhura emphatically dismissed the WCED’s application, finding that the
Department could show no prejudice whatsoever, particularly given that it had
received the documents by hand and well within the court’s prescribed
timeframes. This was nothing more than a deliberate abuse of court processes,
aimed at delaying enforcement of a lawful court order and inflicting further
harm on the Heathfield High School community,’’ said SAC-E
‘’It confirms a pattern of conduct in which the WCED uses
procedural gamesmanship, rather than lawful compliance, as a strategy of
attrition. SAC-E condemns this conduct as wasteful and fruitless expenditure of
the highest order. While the education budget is under severe strain, while
classrooms remain overcrowded, while thousands of children remain unplaced,
while schools lack basic resources, the WCED continues to squander millions of
rands of public money to relitigate matters already decided by the courts. This
is not governance. It is an anti-education agenda driven by arrogance and
political stubbornness,’’ it added
The Western Cape Education Department said Neumann will not
return to his position next week.
"Our priority is to protect learners at Heathfield
High School, so we are deeply concerned that a group of Wesley Neumann’s
supporters handed out pamphlets to learners announcing his return to the
school. The group’s actions caused distress and disruption, and clearly
demonstrate that they don’t care about the best interests of learners,’’ said
David Maynier, WC MEC.
‘’In terms of section 18(1) of the Superior Courts Act, the
Labour Court judgment is suspended, which means the order to reinstate is
suspended. He has now applied for an exception to this rule, and the judge has
postponed the matter because Mr Neumann’s attorney bungled their application. So
he will not be able to return to his position next week. The school is recovering
and flourishing, and we will not tolerate the disruption of teaching and
learning at Heathfield High School."
The application in the Labour Court today was made by
Neumann, not by the WCED. No judgment or dismissal was given - the matter was
postponed until Friday, 13 February 2026, at the Labour Court.
‘’SAC-E reiterates that Mr Wesley Neumann’s struggle is not
his alone; it represents the fight of thousands of educators who suffer
silently under a system that punishes integrity and rewards submission
(Ja-baas). SAC-E calls on the WCED to abandon its reckless litigation strategy,
comply with court rulings, and redirect public resources to where they belong:
in classrooms, not courtrooms; on learners, not legal matters; and on
education, not ego,’’ said Terrence Smith, SAC-E chairperson.
Done By: Mitchum George
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