The long-running legal battle between the Western Cape Education Department (WCED) and former Heathfield High School principal Wesley Neumann is set to continue after the Labour Court granted the department leave to appeal a judgment ordering his reinstatement on Wednesday 3 June.

Western Cape Education Department (WCED) Minister David Maynier confirmed that the matter will now proceed to the Labour Appeal Court.

“We have been granted leave to appeal the decision of the Labour Court with regard to Wesley Neumann’s dismissal,” said Maynier.

“In our application, we argued that the Court committed multiple legal and factual errors in reviewing the Education Labour Relations Council’s arbitration award. The Court has now granted us leave to appeal the judgment to the Labour Appeal Court.”

Maynier said the ruling means that the earlier court order reinstating Neumann as principal remains suspended pending the outcome of the appeal.

“This means that the order to reinstate Mr Neumann as principal of Heathfield High School remains suspended. We will remain focused on the best interests of the learners of Heathfield High School,” he said.

Response

Reacting to the latest ruling, Neumann’s attorney, Vernon Seymour, acknowledged that the decision would prolong the matter.

“We noted the ruling that WCED has been granted leave to appeal. It will unfortunately delay the closure of this matter, which many people in the education sector had hoped for,” Seymour said.

He noted that Acting Judge De Cock had highlighted the significance of covid-related tensions at the school during 2020 and suggested that the Labour Appeal Court should consider the issues raised.

“Mr Neumann is naturally disappointed with the ruling and was hoping to return to the classroom next term. However, he remains positive that he will be vindicated once again after the appeal is finalised,” Seymour said.

He added that Neumann’s legal team intends on opposing the appeal.

“We will be opposing the appeal as vigorously as possible, and present a case that the judgment handed down on Monday 5 January this year, ordering his reinstatement as principal of Heathfield High School, is sound.”

Seymour argued that the WCED faces a difficult task in overturning the judgment.

“Anyone who read the original judgment will agree that it is going to be very difficult to prove that it contains a legal error, serious procedural mistakes or unreasonable conclusions. The WCED will have a very steep mountain to climb.”

Background

The Labour Appeal Court will now determine whether the Labour Court’s reinstatement order should ultimately stand. Maynier added that the school had continued to perform well during the dispute.

“The school is flourishing and has produced a matric pass rate of 89,9% – the school’s highest in 15 years. We remind Mr Neumann’s supporters that disrupting schooling is now an offence in terms of Section 3(7) of the South African Schools’ Act, and we will not tolerate any further disruptions at Heathfield High School.”

Neumann was dismissed in October 2021 following allegations of misconduct and insubordination linked to decisions taken during the Covid-19 pandemic in 2020.

The former principal challenged his dismissal and, after a protracted legal process spanning five years, secured a Labour Court judgment in January this year ordering his reinstatement.

The WCED subsequently launched an appeal application, which automatically suspended the reinstatement order.

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