Bergview college takes the education department to court

Three board of trustees from the Eastern Cape’s Bergville College have filed a request for an urgent interdict against Fundile Gade, the education MEC in the province.

This comes after Gade made a decision to revoke the school’s registration following the reports of a seven-year-old girl who was allegedly raped at the school.


On Tuesday, the trio requested the Makhanda High Court to stop Gade’s proceedings in order to allow for a review application to overturn the ruling.

Wants school’s deregistration halted

According to court documents circulating on social media, Daniel van Zyl, who identified himself as the board of trustees’ chairperson, urgently requests that the High Court halt the institution’s deregistration of this independent school, located in Matatiele.

“I am an adult man conducting business at Bergview College, 1 Raymond Rogers Street, Matatiele, Eastern Cape. I am the first applicant in this matter. And I am cited herein in my capacity as a Trustee of the Wizkid Trust, which is the owner of Bergview College also known and referred to hereinafter as ‘Bergview School’,” he said in the documents.

Van Zyl highlighted that the registration of independent schools is regulated and determined by Sections 44 and 45 (Chapter 5) of the Schools Act.
 
“Section 46(2) of the Schools Act states that: “The Member of the Executive Council must, by notice in the Provincial Gazette, determine the grounds on which the registration of an independent school may be granted or withdrawn by the Head of Department.”
 
Claims deregistration is unlawful
 
He said according to section 47 of the Schools Act, no withdrawal of the registration of an independent school is valid unless the owner of such independent school has been furnished by the Head of Department with a notice of intention to withdraw the registration, stating the reasons why such withdrawal is contemplated.
 
“The owner of such independent school has been granted an opportunity to make written representations to the Head of Department as to why the registration of the independent school should not be withdrawn; and any such representations received have been duly considered. I submit that Section 47 read with Section 46(2) of the Schools Act sets out a simple but mandatory administrative process that is to be followed by a particular functionary before a decision to withdraw the registration of an independent school.”
 

The Department of Education said in October 2024, a rape case was opened. However, the matter has not made progress due to the principal refusing to cooperate with the SAPS. 

Visit SW YouTube Channel for our video content 

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest News