Forcing independent schools to close will be unlawful

18 January 2021

Mr Panyaza Lesufi, Gauteng MEC for Education, will overstep the bounds of his power if he tries to force the independent school Helpmekaar College in Braamfontein, Johannesburg, to follow the Department of Basic Education's new calendar. Lesufi announced that he will pay a visit to the school today after learners were allegedly informed that they must report to school today.

During the media conference in which the re-opening of schools for children was postponed to 15 February, the Department was specifically asked what its position is with regard to independent schools that have already opened.

The answer was twofold: Conversations were had with two associations for independent schools. They had accepted the fact that schools must remain closed and decided to communicate that to their member schools. On the other hand, it was clearly expressed that independent schools must be persuaded, but cannot be forced, to remain closed. Also, no reference was made to any of the independent schools that are not members of the two associations.

In the meantime, the Department of Basic Education has published the amended school calendar. It indicates that the new dates for the re-opening of independent schools will vary according to the specific calendar that they follow.

So, although the Department is trying to create the impression that independent schools have no choice but to follow the new calendar, it is not true. Lesufi's planned visit to Helpmekaar College seems to form part of this programme of deception and intimidation. 

The FF Plus believes that it is in the best interest of good education to allow schools that are able to open safely, to do so. It can be argued that the Department of Basic Education does have authority over public schools, but that certainly does not apply to independent schools as well. 

Issued by Wynand Boshoff, FF Plus MP and chief spokesperson: Basic Education, 18 January 2021