Cape Town - A day before 2 407 teacher posts were to be terminated by the Western Cape Education Department (WCED), the Special Action Committee for Education (SAC) appeared in court where an urgent interdict application was heard.
The ruling was delivered orally and the matter struck off the roll with costs, due to a lack of urgency.
Prior to the matter being heard on Monday, around 20 people protested outside the Western Cape High Court against the department’s decision to cut the 2 407 teacher posts for the 2025 academic year.
The application was launched by SAC with respondents cited as the WCED, Western Cape Education MEC, Western Cape Finance MEC, and the Department of Basic Education.
SAC chairperson, Terrence Smith, said: “We had no other alternative. We tried all other remedial measures through the legal processes and engagement with the department and in conjunction with the labour organisations like Cosatu and they just rebuffed all our attempts to get around the table to discuss alternative ways of not removing 2 407 teacher posts… And we believe that the decision is totally irrational.”
Of those who had gathered were SAC members, retired principals, teachers, and organisations in support of the application including political parties GOOD, uMkhonto weSizwe Party, and the Palestine Solidarity Campaign.
The number of supporters increased, as concerned persons filled the courtroom.
Also in support of the litigation and through a confirmatory affidavit, was Cosatu.
In its affidavit, Cosatu provincial secretary Malvern De Bruyn said on October 16, he tabled a motion at the National Economic Development and Labour Council (Nedlac) for broader civil society organisations inclusive of SAC to join the Section 77 dispute meeting.
On December 4, SAC was formally admitted to the dispute meeting between Cosatu and the WCED and on December 6, a deadlock certificate was received from Nedlac.
Part A of the application sought the court to interdict and restrain the first and second respondents from implementing the decision until the dispute is resolved or set out in Part B of the application.
Part B of the application seeks to interdict and restrain the first and second respondents from implementing any redeployment of educators “arising out of the decision to terminate 2407 teacher posts on December 31”.
It also sought to have the decision to terminate the employment of 2 407 teachers be set aside and reviewed, and for the first and second respondents to determine staff establishments, with each class of every school to be within the ratio of one teacher to every 30 learners by the start of the 2026 academic year.
In its affidavit, Smith said budget cuts for education had affected all nine provinces, however, the Western Cape was the only province to reduce its teacher posts.
“We submit that first respondent is literally compromising the provision of education for the poor learners in the province.
“Former Model C schools in the affluent neighbourhoods can easily absorb the teacher cuts by maintaining those posts through the employment of teachers funded by parents via the school governing bodies.”
The judge inquired as to why there was a delay in instituting the application when the decision was known as early as July or August.
The lawyer on behalf of the WCED said: “When one accesses the applicant’s case to see what is that they say, what’s in the founding affidavit that would suggest that this matter ought to be heard urgently. Well, there isn’t any …
“It’s quite clear that the applicant has had ample notice of, let’s call it the decision of the department and the reason for that decision.”
WCED head of department Brent Walters in the answering affidavit stated that a R2.5 billion budget cut and a foreseeable budget shortfall of R3.8bin left the department with no alternative but to reduce the educator posts establishment by 2407 effective from January 2025.
He added various measures such as a moratorium on the recruitment of non-educator staff at its head office and in the district offices, a vacancy rate of 21% and reduced spending across various directorates, were taken.
Education MEC David Maynier said: “We opposed the application, which contains inaccurate and misleading claims. We are not retrenching teachers. Some permanent teachers will be asked to move to another school where there is a suitable vacancy, and some contract teachers will not be reappointed after their contracts end.”