School case headed for appeal court
IT WAS never going to end in the Western Cape High Court.
This was the statement from Judge Elizabeth Baartman yesterday of the case involving the future of about 200 rural pupils, as she granted the Grootkraal community leave to have their case heard in the Supreme Court of Appeal.
The matter involves the future of the children who are facing eviction by property owners from their school, which is situated in an old church built in the 1800s to serve coloured farmworkers.
In 2010 the Kobot Besigheids Trust bought the farm. They intend to develop the land into a game farm for commercial purposes.
Eviction proceedings were started in 2011 and the school governing body was told the new owners did not want to extend the lease. In August this year Judge Baartman postponed the eviction.
Yesterday, while arguing for leave to appeal advocate Anna-Marie de Vos, for the Grootkraal community, said the church served as a cultural, religious, and educational sanctuary.
“This situation is cause for injustice. This case is not just important for this community, but many communities if you consider the land issue.”
Kobot Besigheids Trust’s legal representative argued the delays were a financial burden.
“While the applicants have at all times attempted their utmost to act in the interests of the children at the school, it must be reiterated that their rights are equally worthy of protection.”
In 2011 Judge Robert Henney had interdicted the provincial education department from evicting the pupils, and ordered they consult the community. Judge Baartman had this year found that had not been done.
Advocate Ewald de Villiers-Jansen, for Western Cape Education MEC Debbie Schafer, said the department had not yet decided what to do with the school.
He said negotiations with the landowner had failed, and Judge Baartman gave them until March next year to come up with a plan.