Interdict granted to stop labour unrest at Estralita Special School in Lydenburg
The Mpumalanga High Court issued an urgent interdict against the Mpumalanga Department of Education and unions for infringing upon learners’ rights.
Several governing bodies of South African schools, including the Federation of Governing Bodies of South African Schools (Fedsas), the South African Teachers’ Union (Saou), and the Estralita School Governing Body, applied for an interdict against unions disrupting school activities. The interdict was granted in the Mpumalanga High Court in Mbombela on August 1.
On March 8, some members of the National Education, Health, and Allied Workers’ Union (Nehawu) intimidated teachers and broke into the office building. After this incident, some learners with special needs were afraid to return to school.
According to Juané van der Merwe, the deputy chief executive officer of Fedsas, vulnerable Estralita pupils are being used as pawns by Nehawu and the Mpumalanga Department of Education (DoH).
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“The court application was a last resort to resolve a labour dispute that has disrupted school activities for more than a year. Estralita was closed for the entire second quarter of 2023. This was mainly because shift workers refused to work night and weekend shifts in the hostels. The severe intellectual challenges learners face require at least two shift workers and an educator during night and weekend shifts. The school caters for about 200 pupils aged between five and 21, with most receiving care in two hostels. Estralita caters to learners with severe learning disabilities. The court interdict stated that the Mpumalanga Department of Education should obtain alternative services to ensure hostel learners have access to specialised care,” said Van der Merwe.
Moreover, Chris Klopper, the chief executive officer of Saou, said the court ordered the department to investigate any misconduct by shift workers and take disciplinary action where necessary.
Fedsas and the Saou agree that this matter could have been resolved long ago if the DoH had demonstrated leadership from the start. “It is unthinkable that for more than a year, the Department of Education watched as unions used vulnerable pupils as pawns in a power struggle. The actions of the shift workers are equally reprehensible and not only infringe upon the learners’ right to education, but endanger their lives,” said Klopper.
Committed officials, educators, and workers are necessary for the education system to function optimally.
A temporary interdict was also granted against unions to aid the SAPS in controlling any form of intimidation by unions on the Estralita premises. The case will be heard again on August 22.
