Future of pupils hang in the balance

The CCL said the best interests of the children had to be considered

THE Western Cape High Court is expected to deliver judgment today in a case involving the future of 202 pupils at Grootkraal Ucc Primary School, in Oudtshoorn.

The school is situated in an old church, built in the 1800s to serve coloured farmworkers.

The owners built the church for the workers and in 1931 it opened its doors to education .

In 2010, private buyers bought the farm and instituted eviction proceedings, and during May 2011, the school governing body was advised the new owners did not want to extend the lease.

They want to develop the land into a game farm for commercial purposes.

The Child Law Centre (CLL) for the school said Education MEC Debbie Schäfer, failed to conclude a lease agreement with the landowners.

Judge Elizabeth Baartman had requested the CLL to get involved to protect the children’s interests and present relevant information before the court.

During arguments in April this year, CCL’s deputy director, Karabo Ozah said the owners and the MEC had failed to uphold the children’s right to participate in matters concerning them, as they had not consulted with the children prior to litigation.

The centre charged there were no investigations into the number of pupils at Grootkraal affected and there was no meaningful engagement made prior to the decision to close them down.

The CCL submitted the best interests of the children, in the context of their education, had to be considered and part of the pupils’ right to access to education was the ability to physically, and financially, be able to access the school.

The CLL said the Western Cape Education Department (WCED) had also failed in its duties, as it was obliged to engage meaningfully with the parties when a dispute regarding a public school on private property arises.

The WCED said, because it was unable to conclude a new lease agreement with the landowners,that it had investigated the possibility of acquiring land owned by the Trust situated opposite the school, as well as land on a neighbouring farm, close to the school.