Farm school faces closure

THE Western Cape Education Department was given five months to decide what their plans were for an Oudtshoorn farm school that is on the verge of being evicted.

Grootkraal UCC Primary School has been operating from privately-owned land for 85 years. For the past six years, the landowners have been in a legal spat with the Grootkraal community. The department had been leasing the property, but the lease agreement lapsed.

Yesterday, presiding Western Cape High Court Judge Elizabeth Baartman compelled the department to make a decision on plans for the school following failed lease negotiations with the landowners.

The department’s lawyer, Advocate Ewald de Villiers-Jansen, said the two parties failed to agree on the duration of the lease and extension of property. According to a judgment made by Judge Robert Henney on this matter in 2011, the department was given three possible remedies. The first was creating a new lease agreement, closing down the school or merging the school with another school in Voorbedag, about 17km away.

“You are unable to negotiate a new lease. The department has done enough playing with words. Will you merge or relocate since the lease is off ?” she said.

Villiers-Jansen said they thought the court issue would be concluded and the department’s decision would be required at the end, after the eviction order is granted or rejected.

“Your report falls short of what is required. When you went away there was an order. You can’t stall your decision on this position,” said Baartman.

She ordered that the department present its decision on March 29 next year. Earlier in court, Baartman granted Grootkraal leave to appeal to the Supreme Court of Appeal in a judgment she made in August. In her judgement she ordered a postponement, thus preventing the community from making further use of the land.

SC Anna-Marie de Vos, for Grootkraal, said workers have used the land as part of their identity.

‘THE DEPARTMENT HAS DONE ENOUGH PLAYING WITH WORDS’