Public Protector Finds Closure Of Limpopo School Unlawful

19 January 2004

An investigation by the Public Protector of a complaint regarding the closure, early in 2003, of the Khahlela Pre-Primary School by the Limpopo Department of Education, revealed that teachers had been redeployed to other schools by the Department in terms of a policy relating to the abolishment of pre-primary schools. This effectively closed the school which was subsequently no longer regarded as a state school. The Principal and parents of some of the children involved obtained the services of volunteer teachers and continued with classes.

During the investigation it transpired that the school had been converted into a primary school as from 1998 and that it was recognised as such by the Department despite the fact that it had never been registered as a primary school. At the time of the re-deployment of the teachers, it provided education for learners up to Grade 4.

Findings made by the Public Protector include the following:

• The Department failed to properly manage and supervise the affairs and performance of the functions of the school over a period stretching from 1998;
• The redeployment of the teachers at the end of February 2003, which effectively closed the school, was improper and unlawful;
• The manner in which the school was closed violated the constitutional rights to basic education of the children involved. It also did not take the best interests of these children into account, as is required by the Constitution;
• There appeared to be a number of children attending the school who are younger than the prescribed age;
• There was no proper communication or consultation between the Department and the parents and the community concerned regarding difficulties relating to the school;
• There appears to be a lack of communication between different levels within the Department regarding matters relating to the affairs of schools, that warrants urgent attention.

The Public Protector recommended that the Member of the Executive Council responsible for Education in the Limpopo Provincial Government take urgent steps to:

• Normalize the situation and create an atmosphere that is conducive to the education of the learners involved;
• Ensure that learners attending the school are of the prescribed age;
• Consider and take an informed decision, and action, with regard to the future of the school, in compliance with the provisions of the laws applicable;
• Inform parents, learners and the community served by the school of its future and status;
• Improve the levels and methods of communication, supervision and administration within the structures of the Department dealing with schools situated in remote areas; and
• Investigate the failure by the Circuit Manager and other officials responsible for the maintenance and administration of the school, to properly supervise its operations and affairs, with a view to possible disciplinary action.

Enquiries: Nicolette Teichmann
Tel: (012) 322 1190
Cell: 082 333 5624

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