Judgment delayed in school eviction case

THE FUTURE of an Oudtshoorn primary school is in limbo after judgment on whether to evict the school was delayed for more than two months.

Grootkraal UCC Primary School has been operating from privately owned land for 85 years, for which the Education Department paid rent until the lease agreement lapsed.

In 2011 the land owners applied for an eviction with the intend to develop the piece of land into a game farm for commercial purposes.

However, that eviction was contested by the community of Grootkraal.

Yesterday, Western Cape High Court Judge Elizabeth Baartman ordered a postponement until October 17.

The Centre For Child Law (CCL), which was asked to become involved in the case to protect the children’s interests in the matter, said MEC for education Debbie Schäfer had failed to conclude a lease agreement with the landowners.

The CCL said it was disappointed with the outcome as it failed to provide security for the future of the school and the pupils.

“However, we remain hopeful that the Department of Education will be able to negotiate for the school to remain on the property.

“Failure to do so would uproot the pupils and have severe consequences on their ability to access education, as they will most likely be forced to move to a school about 17km away.”

The MEC’s spokesperson, Jessica Shelver, said the department would study the judgment before commenting.

During the hearings, CCL deputy director Karabo Ozah argued that both the landowners and Schäfer had failed to uphold the children’s rights.

Ozah said there had been no investigation into the number of pupils at the school, and no meaningful engagement prior to the school being closed down.

During the court hearing the department indicated it had public land in Voorbedag, about 17km from the school. It told the court it would relocate the school there.