CAPE TOWN – Five years later, the legal battle between the Western Cape Education Department (WCED) and former Heathfield High School principal, Wesley Neumann, remains a constant debate after the WCED alleges pamphlets were reportedly issued at the school announcing his return to work on Friday 30 January.
The former principal, who won a Labour Court judgment ordering his reinstatement after a five-year legal battle that began with his “unfair” dismissal in October 2021, was expected to return to his position this week.
However, the WCED’s appeal application has automatically suspended the court order.
Neumann was dismissed for misconduct and insubordination after he allegedly refused to allow children back to school after the Covid-19 pandemic in 2020.
In the appeal application, the WCED argues the Labour Court committed “multiple legal and factual errors” when reviewing the Education Labour Relations Council’s (ELRC) arbitration award that had upheld Neumann’s dismissal.
Pamphlet controversy sparks minister’s concerns
In the latest incident, David Maynier, provincial education minister, said he was “deeply concerned” that an alleged group of “Neumann’s supporters” reportedly handed out pamphlets to learners announcing his return to the school.
“The group’s actions caused distress and disruption, and clearly demonstrate that they don’t care about the best interests of learners. In terms of section 18(1) of the Superior Courts Act, the Labour Court judgment is suspended, which means the order to reinstate is suspended. He has now applied for an exception to this rule, and the judge has postponed the matter because Mr Neumann’s attorney bungled their application.
So he will not be able to return to his position next week,” Maynier said.
Saps and law enforcement were allegedly present at the school on Monday morning 2 February to “ensure that teaching and learning was not disrupted”, Maynier said.
“This step was taken in light of the actions by Neumann’s supporters last week, when they handed out pamphlets to learners announcing his return to the school, causing distress and disruption. We will not tolerate the disruption of teaching and learning at Heathfield High School, and we remind his supporters that disrupting schooling is now an offence in terms Section 3(7) of the South African Schools’ Act,” he said.
“Smear campaign” of education
However, Neumann’s lawyer, Vernon Seymour, says he wants to refer the WCED back to the judgement of the labour court that previously announced his reinstatement.
“Those are the facts. We want to appeal to Minister Maynier to please refrain from the personal attacks on Mr Neumann. It is hurtful to him and his family,” Seymour said.
The Special Action Committee – Education (SAC-E) – a lobby group focussing on education issues-also showed their support for Neumann and says there is a “smear campaign of education”, at Heathfield High.
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“SAC-E notes with profound dismay and outrage the reckless and inflammatory public statements made by the Western Cape MEC for Education, Mr David Maynier, in which he sought to distort facts, criminalize community support, and further assassinate the character of Mr Neumann,” said chairperson, Terrence Smith.
He alleges that the WCED’s statements are “reckless, misleading, and politically malicious.”
“We place it firmly on record that neither Mr Neumann nor SAC-E has engaged in any unlawful conduct. At no stage has Mr Neumann encouraged disruption, intimidation, or violence. Unable to bully the judiciary into a predetermined outcome, the MEC has now resorted to securitizing a school environment, invoking SAPS, and criminalising pamphlets in order to manufacture a false narrative of disorder,” he added.
People’s Post reached out to Heathfield High School for comment but they could not respond before the time of publication.
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