A legal showdown over the reduction of teacher posts looms large after the Special Action Committee through their lawyers demanded an immediate moratorium on the non-renewal of teacher contracts by the Western Cape Education Department (WCED).
The committee gave the department until Tuesday to respond to the letter issued on December 12 and wants a review of the termination plan or the WCED will face court action.
Education MEC David Maynier stated during a debate on the Education Adjustment Budget in the provincial legislature they could not save the 2 407 posts for the 2024/25 financial year citing the National Treasury’s budget cuts.
“We were left with no choice other than to reduce the Basket of Posts by 2 407,” said Maynier.
The letter from law firm Lionel Cay Attorneys stated: “We are instructed to demand as we hereby do that WCED places an immediate moratorium on the termination of teacher contracts so that the teachers can continue teaching at their schools when they open in January 2025; that you engage in a review of budget priorities related to the planned cuts so that you protect teachers’ livelihoods, and protect the rights of all learners to a quality education.
“You are required to confirm the aforementioned moratorium and review of the termination plan by close of business on December 17, 2024. Please be advised that in the event that you do not respond positively by the aforementioned deadline, we hold instructions to approach the courts for appropriate relief.”
The letter further states that the decision to cut jobs will have devastating effects on both educators and learners at a number of schools.
“It will negatively impact learners, especially in under-resourced schools, leaving many classrooms overcrowded and reducing the quality of education.
We are further instructed that WCED claims not to be firing teachers.
“However, these measures mean that many young teachers are in effect losing their jobs and the promise of permanent employment.
“We are instructed that high levels of staff turnover are known to inhibit teaching and learning, the efficacy and stability of schools and efforts to redress the legacies of apartheid.
“It is our instructions that when the proposed teacher cuts are implemented, the already large class sizes at poorer schools will be untenable. At the moment, too many pupils do not receive the academic and psycho-social support they need,” it said.
WCED spokesperson Bronagh Hammond said the statement that they were planning to terminate the employment contracts of 2 407 teachers was false.
“We have received the letter from the Special Action Committee and will be consulting with our legal advisors.”
Cosatu has thrown its weight behind the legal action, with its provincial secretary Malvern de Bruyn saying: “As an organisation representing the interests of workers and the broader community, we believe that this legal action by the Special Action Committee would be in the interest of safeguarding the quality of education, protecting the rights of educators, and ensuring the well-being of learners.
“We believe the implications of this proposed reduction of teachers in the Western Cape are deeply concerning,” he said.
Cosatu was also given the green light at the National Economic Development and Labour Council (Nedlac) to embark on a strike after talks regarding the department’s decision collapsed.
Cape Times