CAPE TOWN - Education activists are gearing up for a showdown against the Western Cape Education Department (WCED) in the case of embattled former principal Wesley Neumann.
The 36-year-old educator was fired from his position at Heathfield high school last year for defying the department's decision to have pupils return to school during the height of the COVID-19 pandemic.
He was found guilty of six misconduct charges as a result of not reopening the school, as instructed, in the early days of the pandemic - in June 2020.
Neumann has been challenging his dismissal and with persistent protests from learners and teachers at the school, the case continues to make news headlines.
Last week, Neumann had a small win when the Education Labour Relations Council (ELRC) announced it would be presiding over his arbitration hearing.
But the department now plans to approach the Labour Court to review and set aside the council's decision.
Local education activists in support of Neumann are fighting tooth and nail against the department and a new organisation called the Special Action Committee (SAC) has been established.
Clarence Ford spoke to former Trafalgar High School principal Nadeem Hendricks - a member of SAC and several others advocating for Neumann's reinstatement.
It's a political decision. They cannot succumb to teachers or principals who defy them. So they will throw all the money at this particular case to ensure that Wesley Neumann is not reinstated.
Nadeem Hendricks, Special Action Committee member
Hendricks said they've consulted widely on the Neumann matter and are confident he has a watertight case.
If they had to go to the ELRC, he would have been found not guilty and his firing would be an unfair labour practice. They're [WCED] actually planning to take this case to the Constitutional Court to overrule the powers of the ELRC. We as SAC are very determined to take this case to the highest court in this country as there's no way that the abuse of power can be used by any political party against innocent people.
Nadeem Hendricks, Special Action Committee member
From a labour perspective, Neumann has the backing of South Africa's largest trade federation - Cosatu.
Cosatu provincial secretary Malvern De Bruyn is of the view that this is a personal vendetta by the department against Neumann.
There was no real just cause to dismiss Mr Neumann as he was acting in the best interest of the teachers and the learners. And to be punished by the department is an onslaught to the people of this province. We tried to meet with the former MEC to deal with this matter and she blatantly refused, making this more of a political thing than a labour issue. So we're very disappointed.
Malvern De Bruyn, Cosatu provincial secretary
Khalid Sayed, an ANC member of the provincial legislature slammed the department's approach to Neumann as a "persecution".
He accused the new education MEC David Maynier of simply carrying on with the tactics used by his predecessor - Debbie Schafer, with no real willingness to resolve the matter.
The current MEC has done absolutely nothing to improve the situation. In fact, he's made it worse. It's under his reign that the department has spent R2.6million on the Neumann persecution. This could have been used to spend on more teachers, but instead they've put more safety officers at the school. They understand the situation at the school is tense, but it's tense because the MEC has refused to engage with the SGB, parents and learners. Taking the matter on appeal is going to be further wastage of funds.
Khalid Sayed, ANC's Western Cape shadow minister for education
As the ANC in the legislature, we demand that the department and the MEC must drop all the charges against Neumann and immediately reinstate him in his position because what he did was correct. They must desist from abusing public funds to persecute him and that no publics funds must be further spent on the ELRC appeal. It's illogical that they're [WCED] appealing this.
Khalid Sayed, ANC's Western Cape shadow minister for education
Sayed is also demanding that the MEC openly engage the school to find an amicable solution to the crisis.
Next week, the MEC will appear in the legislature for the department's annual report. We will make a demand that the entire matter, including the spending, is taken to the SCOPA committee. This must come to an end.
Khalid Sayed, ANC's Western Cape shadow minister for education
The WCED declined to join the conversation on air, saying it has not engaged the media as to "respect the employer-employee relationship".
Scroll up to listen to the conversation.
This article first appeared on CapeTalk : 'We'll go to the highest court': activists behind axed principal Wesley Neumann