MEC SCHAFER PLEASED WITH SADTU’S ACKNOWLEDGEMENT ON SYSTEMIC TESTS
14th March 2017
The systemic tests that are written annually in the Western Cape have been a bone of contention between the WCED and SADTUfor a few years now.
Last year saw 81 schools not writing the tests, with testers being prevented from entering some schools, learners, teachers and principals being intimidated and physically prevented from writing the tests, property threatened and in some cases damaged, as well as leaving children unsupervised when teachers abandoned their posts to join the protest action.
SADTU’S active opposition led to unlawful actions taking place, as a result of which the WCED obtained a court order on Wednesday 26th October 2016, in terms of which they were ordered to inform their members not to disrupt systemic tests commissioned by the WCED and that they must take all reasonable steps to curb any unlawful conduct by its members.
The WCED has taken disciplinary action, in the first phase, against 123 of SADTU’s members for misconduct committed during the boycott of the systemic tests between October and December 2016.
Arising out of these events, the WCED and SADTU entered into a facilitation process at the ELRC to try and reach a suitable agreement as to the way forward.
We are of the view that, whilst trade unions have the right to represent their members in issues of mutual interest, this is not one of those matters. It is essential that education departments be allowed to make decisions that they believe are in the interests of education. We have had many discussions with all unions as to the benefits of these tests to the Department, as a result of which we have been able to pinpoint areas of weakness that need interventions.
I am very pleased that SADTU has now acknowledged the right of the Education Department to ensure that systemic tests are administered in the province, and that they have agreed to desist from any calls or actions that will lead to disruption in the future.
They have also agreed that the WCED will continue administering systemic evaluations for the 81 schools that could not be covered in 2016, and undertake not to protest and/or cause any disruptions to such systemic evaluations, in school premises or directly in front of school gates, in line with the previous Court Order, that may be viewed as intimidation or hindering any access to schools by any one whatsoever.
This is a significant agreement and we really look forward to constructive engagements with SADTU in future regarding how to further improve education for all our learners in the Western Cape.
NOTE TO EDITORS: Please see attached a copy of the press statement issued by SADTU yesterday, 13th March 2017, for ease of reference.
SADTU WESTERN CAPE PRESS STATEMENT
Systemic Evaluation testing in the Western Cape Education Department
DATE: 27 February 2017
Between October and December 2016, the Western Cape Education Department administered systemic evaluation testing in its schools.
SADTU had resolved at its provincial conference to enter into discussions with the Department to abandon the annual tests.
After months of failed discussions, the union called on its members to boycott the tests. The boycotting of the tests included protests and in some instances there were disturbances at schools, in front of school gates by our members, members of the school communities including learners.
We must clarify that the call to boycott the tests was not a directive to cause disruptions at school. It was a call for peaceful protest to highlight our displeasure with the over testing of our learners.
This led to the WCED seeking a Court interdict against the said conduct.
The Court stated that our members should not act in a violent or unlawful way in exercising our legal right to protest against policies of the employer when we view them not to be in the interest of improved education outcomes in the province.
The court order granted by the High Court of Cape Town, instructs the union not to disrupt the tests by preventing access to the test administrators, intimidation and inciting others to conduct unlawful activities.
As a result, the WCED also charged 123 of our members, as its first phase, in dealing with the misconduct during the systemic testing.
In the interest of education, labour peace, improving relations and stability of schools we entered into negotiations with the WCED and requested the ELRC to facilitate such negotiations in order to mitigate the adverse effects which resulted from the protest action. As a resolution, we agreed with the WCED as follows:
1. SADTU recognizes and respects the WCED’s right to conduct systematic evaluations at its schools;
2. The WCED also recognizes and respects employees right to protected protest action;
3. SADTU condemns the disruptions and does not condone any unlawful action of its members, the community and learners in relation to the WCED’s 2016 systemic evaluation testing;
4. SADTU recognizes that it’s the right of the Head of Education to administer systemic evaluation tests in the Western Cape;
5. SADTU acknowledges that its call and actions to their members to boycott the systemic tests, in some instances, led to the disruptions of the Systemic Tests in 2016, which was never our intention;
6. SADTU has always advocated for peaceful demonstrations as enshrined in the Constitution of the Republic of South Africa;
7. SADTU agrees that the WCED has the right to continue setting and administering Systemic Tests in future and SADTU undertakes to desist to any calls or actions that will lead to disruption in future in this regard;
8. SADTU and the WCED agrees that further discussion will be embarked on to address the concerns parties have raised in relation to the test; and
9. SADTU and the WCED agrees that the outstanding 81 schools of 2016 will continue their systemic test as per the principles of this agreement and as outlined in the court order.
SADTU Western Cape Secretariat
ENDS
Statement issued by the Western Cape Minister of Education, Debbie Schäfer, 14 March 2017
