Legal battle brews as disbanded SGB of Heathfield High challenges WCED in court

The disbanded school governing body (SGB) of Heathfield High has submitted an urgent interdict in an attempt to stop the appointment process for positions, including that of former principal Wesley Neumann.

Former SGB chair Craig Dowman approached the Western Cape High Court on Thursday for an order to find the Western Cape Education Department (WCED) acted unlawfully in filling senior posts using an interim SGB allegedly only made up of department officials.

The governing body which included parents was dissolved on February 28 by Head of Education Brent Walters.

In the application, Dowman wants the WCED to be interdicted and restrained from proceeding with the recruitment process including, but not limited to, shortlisting, interviewing and selection of candidates for recommendation for appointment and appointment as principal of the school as there is a vacancy.

Dowman also wants the court to direct that the recruitment process for principal of Heathfield High School only commence if and when the dispute relating to the dismissal of the school principal in May 2022, has been resolved and further direct that costs of this application be paid by the WCED and any other respondent who opposes the application.

Neumann took his fight with the department to the Labour Court to challenge being fired in 2020 after he lost his case at the Education Labour Relations Council when it found his dismissal was “procedurally and substantively fair” and granted him no further relief.

WCED spokesperson Bronagh Hammond said their legal team received the documents on Thursday and were reviewing the contents of the application to decide if they will oppose it.

The matter is expected to be heard on April 23.

“Mr Neumann has twice been found guilty of five charges. The principal post was advertised in vacancy list 1/2024 with a closing date of March 20, 2024.

“The recruitment process has not commenced yet.

“There is a new curator principal in place who, with the school management, has developed specific interventions to address learning losses. We have already seen improvements in attendance and learner participation this year,” said Hammond.

She said several interventions at the school aimed to improve education outcomes including additional afternoon classes for Grade 12 as the pass rate continued to decline, dipping from 76% in 2021 to 50% in 2023.

Law enforcement officers are also still deployed at the school following chaotic incidents last year.

Cape Times