Uitsig battle heading to Concourt

WHILE the community of Uitsig, supported by the Western Cape branch of Cosatu, has vowed to take their battle to keep Uitzig High School open all the way to the Constitutional Court, the provincial education department says it is discussing the way forward for the handful of pupils who remain at the school.

The Supreme Court of Appeal (SCA) last week dismissed an application by the community to overturn the 2017 decision by Education MEC Debbie Schäfer to close the school in light of ongoing vandalism, plummeting attendance, and a low pass rate.

The community had initially approached the Western Cape High Court for relief, but lost that battle, with the court ruling that Schäfer’s decision was lawful.

Despite the SCA ruling, some pupils continue to go to the school, as the community refuses to stop fighting for the school to remain open. Schäfer’s spokesperson, Jessica Shelver said: “Although there are still people at the school, the school is legally closed.”

On the community taking its battle to the Constitutional Court, Schäfer said: “According to the SGB (school governing body) they are filing against the (SCA) ruling at the Constitutional Court, but I have not received anything from their legal team yet.”

Cosatu regional secretary Malvern de Bruyn said the trade union federation would support the community in its court battle. “This (closure of the school) is pure victimisation of the people of Uitsig,” he said.

“The matter has now been taken to the Constitutional Court, and Cosatu will support the community and parents of all the pupils. We want the school to be reopened; it is unfair to close the school when there are still learners at the premises.

“This area has three primary schools and when these kids go to high school they have to travel long distances to get to school, but the school in their area has closed.”

Shelver said: “We have read in the media that the SGB intends to take the matter to the Constitutional Court, which is their right. We await papers in this regard. In the meantime the MEC is having discussions with the district and getting legal advice on the way forward.”