Cape Town - The Western Cape Education Department (WCED) has challenged the jurisdiction of the Education Labour Relations Council (ELRC) case involving former Heathfield High School principal Wesley Neumann.
Ahead of the first hearing on Thursday, the Heathfield High Special Action Committee requested the hearing be made open to the public, citing that this was a matter of public interest and concern.
Neumann’s legal representative, Vernon Seymour, said the commissioner ruled that parties file formal papers as to whether the ELRC has jurisdiction to deal with the matter or whether it should be addressed by the Labour Court, over the next 28 days.
These must include time-frames. A new date for the hearing in September will be provided.
“I was disappointed with the ruling because my client is being prejudiced. WCED waited until Wednesday to raise the issue and can only speculate on the reasons why.
“We met with them last week and they said nothing about their plans to bring a jurisdictional challenge at the last moment. Unfortunately, the rules allow for it,” Seymour said.
The ANC’s provincial Education spokesperson, Muhammad Khalid Sayed, said they supported Neumann’s decision to take the matter further, and that Neumann joined a long list of progressive principals who had been unfairly targeted by the department.
“We still believe that the case against Neumann was a textbook case of abuse of state resources and should be regarded as irregular and wasteful and fruitless expenditure.
“The state would have saved thousands if the two MECs had listened to parents and learners who called for withdrawal of charges and immediate reinstatement of principal Neumann,” Sayed said.
Education MEC David Maynier said the arbitration had not yet started, and he therefore could not comment on the details at this stage.
Meanwhile, two caretaker principals have been employed by the WCED until December 31, 2022. The combined remuneration for the two appointees is R718329 for seven months.
This includes 37% in lieu of benefits as the two officials were appointed on contract, the department said in response to provincial parliamentary probes on the issue.