Court sets aside decision to appoint senior school officials

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The Limpopo department of education suffered a major blow after a court set aside its decision to appoint senior school officials without consulting the school governing body (SGB).

The department said the decision to withdraw the functions of the SGB was taken in a meeting where the body agreed to surrender its role.

The court found that there were no reasonable grounds which empowered the provincial head of department, Onicca Dederen, to remove the SGB from the appointment processes. Judge Matsaro Semenya ordered that Dederen's decision to withdraw the functions of the SGB of filling the posts was invalid and unlawful. It was revised and set aside.According to Adv Caiphus Moshutla, who is also provincial chairperson of the Saviour Association of SGBs, the court order meant that the department should remove the principal it appointed without the involvement of the SGB and start afresh.

“The department only filled a post of a school principal and we want the process to start from the beginning because the SGB was not involved in the appointment. There was a lot of interference from the department, hence the first step was to seek a court interdict on the appointments in 2017,” he said.“The judgment has not set aside the filling of the positions and the status as it is at the school. The only term of the court order to implement is to pay the cost of two counsels,” she said.

This is despite the department conceding in court papers that it has already filled the post of principal.

 

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