Minister Schäfer condemns protest action that prevents schooling from taking place

10 May 2016  

I have been informed that recent protest action in various parts of the province has affected schooling in some areas, as violent action has prevented teachers and learners from accessing the schools.

Today alone, 3 high schools and 2 primary schools have been affected by protest action in the Grabouw area.

This is a very important time of year for all learners but especially for the Grade 12 learners. June examinations are just around the corner. These exams inform our NSC candidates about where their abilities lie as they prepare for the most important exams of their lives.

Section 17 of the Constitution says that "everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions”. My information is that these protests have not been peaceful and I must remind protestors that the rights of freedom of assembly, freedom of association, and freedom of speech are to be exercised responsibly.  The Constitution also provides that every child is entitled to a basic education.

I will therefore not tolerate any unlawful action that leads to the closure of our schools. 

Section 3(6)(b) of the SA Schools Act reads:

"Subject to this Act and any other applicable law, any other person (other than a parent) who, without just cause, prevents a learner who is subject to compulsory attendance from attending a school, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months."

Our priority is to ensure the safety of all learners and teachers, and that they continue their teaching and learning uninterrupted.

We will come down hard on anyone who wishes to disrupt teaching and learning in our schools and we will not hesitate to lay criminal charges in terms of the SA Schools Act against any person who seeks to prevent learners and teachers from attending school.

I am acutely aware that it is election season and I plead with parents in the various communities to be mindful of the fact that their children are the only victims when we are forced to close schools due to violent protest action.  Quite how violent action and preventing learners from getting an education is going to assist these protesters, is something I cannot understand.

I also wish to remind all political parties that it is against the law to conduct any political activity in or around our schools during school hours.  In addition, section 33 of the SA Schools Act also states that ‘A school may also not allow the display of material of a party-political nature on its premises unless such party-political material is related to the curriculum at the school’.

We will be monitoring activity in our schools closely ahead of the municipal elections.

I trust that SAPS will act swiftly and decisively to restore order in these communities so that teaching and learning can resume as soon as possible.  

Issued by Jessica Shelver on behalf of Debbie Schäfer, Provincial Minister of Education, Western Cape, 10 May 2016