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Court battle looms over reopening of schools

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We believe that you can’t keep parents at home to prevent the spread of Covid-19 while sending innocent children to school in order to save the academic year
The Tebeila Institute

The department of basic education will be dragged to court on Tuesday to prevent it from reopening schools during level 4 of the Covid-19 coronavirus lockdown.

The Tebeila Institute for Leadership, Education, Governance and Training and the African Institute for Human Rights and Constitutional Litigation want to bring an urgent application in the Polokwane High Court, because they believe that Basic Education Minister Angie Motshekga’s plans fall foul of the Constitution.

“The minister’s plan to open schools does not protect children’s right to life because pupils will be exposed to the possibility of contracting Covid-19. Children, unlike adults, are not responsible enough to look after themselves,” reads the institutes’ statement.

They argue that most businesses and employers are still closed under level 4 restrictions, which came into effect on Friday.

Read: Schools may reopen in a month for Grades 7 and 12

“We believe that you can’t keep parents at home to prevent the spread of Covid-19 while sending innocent children to school in order to save the academic year.”

The institutions would, however, like to see matric pupils return to school and have asked the court that this should be allowed to happen in line with the department’s plans. Motshekga this week announced plans for Grade 7s and Grade 12s to return to school on June 1.

Elijah Mhlanga, spokesperson for the department of basic education, confirmed that they were aware of the threatened court application.Picture: Argief

In terms of the department’s plans, administrative personnel will return to work this week, the schools management on May 11 and teachers on May 18.

The schools will then be thoroughly cleaned and then start planning for the implementation of social distancing measures before the pupils return.

Motshekga gave no indication on when other pupils would return, but the department earlier this week indicated that the other grades would be sent back to school in two-week intervals.

The minister said these plans would still have to be finalised by Cabinet.

In the meantime, teachers and parents were this week left hot under the collar when the department indicated, even before Motshekga’s official announcement, that Grade 12 and Grade 7 pupils could return to school on Wednesday.

Many were concerned that schools would not be ready to protect the health of returning pupils.

Jaco Deacon, deputy chairperson of the Federation of School Governing Bodies of SA, said it was important to remember that June 1 was a provisional date. According to Deacon, space would be the biggest challenge for schools when implementing the social distancing measures.

He also warned that parents would not be able to keep their children at home without a good reason.

“If the school complies with all requirements and your child, for example, suffers from an underlying condition and you are afraid to send them back to school, the onus is on you to engage with the school,” Deacon said.

A teacher wrote me an emotional letter and told me it had taken her 10 years to fall pregnant – now she is too afraid to return to school
Basil Manuel, head of the teachers’ union Naptosa

Basil Manuel, head of the teachers’ union Naptosa, said they had provisionally welcomed the return date. However, he said, a thorough investigation into the health of the workers, cleaners, teachers and administrative personnel was necessary.

“A teacher wrote me an emotional letter and told me it had taken her 10 years to fall pregnant – now she is too afraid to return to school,” said Manuel.

“What are they going to do with teachers who have to be temporarily replaced, new cleaners who have to be appointed? Are these going to be temporary or permanent appointments?”

Chris Klopper, chief executive of the SA Teachers Union, said that although they were satisfied with Motshekga’s plans, they were concerned that the workload would be too great for teachers and pupils if there were no further school holidays planned for the rest of the year. The department indicated that school holidays for the rest of the year may be shortened to try to catch up lost teaching time.

“Pupils can only absorb so much and teachers can only give so much,” he said.

In the meantime, tens of thousands of pupils are working on their schoolwork online and through other channels. Television and radio classes have been launched in an attempt to help pupils with their schoolwork during the lockdown.

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Angie Motshekga, minister of basic education

However, Manuel warned that up to 70% of South Africa’s pupils were not being reached through e-learning platforms.

According to Stats SA’s 2018 general household survey, only 10.4% of South Africa’s population have access to the internet in their homes. About 60.1% of people have access to the internet on their phones.

One of the upsides to government’s handling of the impact of the pandemic on schools is that deficient water and sanitation infrastructure now must be addressed, said educational experts.

Elijah Mhlanga, spokesperson for the department of basic education, confirmed that they were aware of the threatened court application and that their legal team was working on it.


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