Lynedoch school fighting closure
MONDAY DECEMBER 14
A2015 TTORNEYS for the governing body of a small school outside Stellenbosch, which is facing closure, have sent a letter to the Education MEC and provincial education head, warning that the school cannot be closed until certain legal processes have been finalised.
Last week, the Cape Argus reported that parents and teachers from Lynedoch Primary, which has a pupil enrolment of 260, have vowed to fight the school’s closure and the Save our Schools campaign has given the school its backing.
The school’s building is owned by the Sustainability Institute and in July the school was informed that the lease was being cancelled. A private school is scheduled to open on the premises where the school is situated, next year.
The letter to Education MEC Debbie Schäfer and provincial education head Penny Vinjevold was sent by Andrews & Co Attorneys on Thursday night and is signed by attorney Jerald Andrews.
He stated that “in terms of section 33 (1) of the Schools Act, read with section 18 of the Western Cape Provincial School Education Act, 12 of 1997 a public school may only be closed by the provincial minister for education by notice in the Provincial Gazette”.
It further states that in terms of Section 33 (2) of the SA Schools Act, a public hearing should be conducted to enable the community to make representations but, according to the governing body, this hasn’t been conducted yet.
It also states that: “As far as we can determine you have also not published any notice in the Provincial Gazette in this regard.
“In the circumstances we submit that the department cannot lawfully close the school at this stage or in this manner.”
The letter asks the MEC and the department to allow the school to remain open until the Section 33 process “and any legal proceedings which may follow are finalised”.
It further asks the department to undertake that no property, resources, equipment or other items belonging to the school or governing body be removed and that services not be cancelled.
“In light of the urgency of this matter, we request your response by the close of business on Friday, 18 December 2015. Failing any response, the governing body will have no alternative but to approach the Western Cape High Court for urgent interdictory relief to prevent the closure of the school. Accordingly, we have retained the services of senior counsel to assist us. We, however, trust that this step will not be necessary and look forward to your very urgent response hereto.”
Schäfer’s spokeswoman, Jessica Shelver, said the letter had been received and was being given consideration. She said a response would be provided by the deadline provided in the letter.
She previously told the Cape Argus that it “was not an initiated closure but an end-of-lease matter as the owner’s wish to utilise their building themselves going forward”.
She said all due processes had been followed as guided by the SA Schools Act, which included a public hearing. Shelver said Vlottenberg Primary had been identified as a receiving school.
She said the institute had also offered places and bursaries for Lynedoch Primary pupils at the new school. “Our information is that over 100 learners have accepted this offer”.
Last week, Jess Schulschenk, the director of the Sustainability Institute, said Lynedoch Primary school staff had indicated late last year that they would be leaving the premises as part of a merger with other schools in the area.
“We therefore sought to ensure that a primary school would remain accessible to the Lynedoch community and entered into a partnership with SPARK Schools in order to achieve this.”