Private school Curro New Road in Midrand, Gauteng has been operating illegally since 2020. The school, which offers grade 8 to 12, was registered with the Gauteng Department of Education to operate as a school only this year.
The school is still not accredited with the Council for Quality Assurance in General and Further Education and Training (Umalusi), a legal requirement for private or independent institutions providing basic and further education.
These shocking details were revealed in a judgment by the Joburg High Court in which Curro New Road was asking the court to direct the Gauteng Department of Education (GDE) to submit its late application to the relevant chief director to register it as an examination centre for the matric exams for this year.
The closing date for independent schools to apply to the GDE for registration as examination centres for the National Senior Certificate (NSC) closed in October last year. Curro New Road only made its application in April this year.
Judge Lebogang Modiba heard the application brought by Curro against the GDE on August 6. In the application, Curro New Road requested the court to order the GDE to keep its promise, which it said the department made during a meeting on May 8, undertaking to make a submission for its application for NSC examination centre status to be considered by the chief director for examination and assessment; or alternatively for the school to be registered as a GDE examination centre.
“Curro New Road was established and started operating as an independent school in 2020. At the time, it was not duly registered with the department. It was only officially registered as a school on September 6, 2023 with effect from 2024.
“It is not registered as a NSC exam centre for 2024. Since its existence in 2020 until its effective registration date, it enrolled and promoted learners without following the department’s applicable policies and guidelines,” said Modiba in the background to her judgment delivered electronically on August 13.
Referring to the requirements for independent schools to register with the department of education, Modiba pointed out that Curro New Road did not comply with section 46 (1), which says no person may establish or maintain an independent school unless it is registered by the head of department of the GDE.
“In terms of section 46 (2), failure to comply with the statutory requirement in section 46 (1) constitutes a criminal offence. It attracts liability for a fine or three months imprisonment.”
It was also clear from the judgment that the GDE was aware that Curro New Road was operating an illegal school.
“The department conducted investigations into Curro New Road’s failure to comply with section 46 (1) and waived its rights to institute criminal proceedings against the managers of Curro New Road in terms of section 46 (4),” she notes in her written judgment.
Adding that GDE acknowledged and condoned the promotion of pupils at Curro New Road despite its failure to fully comply with the National Protocol Assessments of Grade R to 12. She said the department also condoned the late registration of Curro New Road’s candidates for the 2024 NSC exams
“In addition to being registered with the department as an independent school, Curro is required to register with Umalusi for accreditation and certification purposes … It is yet to register with Umalusi for accreditation and certification purposes. It is unclear how it will overcome the Umalusi accreditation hurdle. That is an irrelevant consideration for the purpose of this application,” she said.
Modiba granted Curro New Road the order directing the GDE to submit its application for registration as an examination centre for the NSC exams for 2024 to the chief director: examination and assessment and to have the chief director considers it by August 27. Modiba granted the order with costs.
What happens to the students who have attended this school, are their educational qualifications valid?
how are they learning in this situation and how are they go to get scholar ship
This Article is misleading and shows how Journalists write without thinking and getting facts before writing. Has that Journalists visited the school and got the facts.
This article is unnecessarily disturbing our children before their final exams.
There is an illegal independent school operating in Lakeside Cape Town and department isn’t doing anything about it.