- The Labour Court has ordered the retrospective reinstatement of Heathfield High School principal Wesley Neumann.
- SAC-E and the GOOD Party have welcomed the judgment and criticised the Western Cape Education Department’s handling of the matter.
- The dispute stemmed from disciplinary action taken against Neumann during the first wave of the COVID-19 pandemic.
The Special Action Committee – Education (SAC-E) has welcomed the Labour Court judgment ordering the retrospective reinstatement of Wesley Neumann as principal of Heathfield High School. This decision brings to a close a dispute that has lasted more than five years.
In a statement, SAC-E maintained that the matter did not concern Neumann’s professional competence, integrity, or commitment to education. The organisation asserted that Neumann had been subjected to political and personal persecution by the then head of education, Brian Schreuder, and former Western Cape MEC for Education, Debbie Schäfer. SAC-E said the Labour Court’s judgment vindicated this position.
SAC-E commended Neumann and his family for enduring prolonged hardship during the litigation process. The organisation also thanked Neumann’s legal representative, Vernon Seymour, for his consistent advocacy and acknowledged the support of the Heathfield High School community.
GOOD Party slams wasted resources and urges no appeal
The GOOD Party also welcomed the Labour Court’s ruling. In a statement issued by the Secretary-General and Western Cape Member of Parliament Brett Herron, the party noted that the court ordered the retrospective reinstatement of Neumann, also its councillor, as principal of Heathfield High.
Herron described Neumann as an experienced educator and a duly elected City of Cape Town councillor. He said the party had always maintained that the disciplinary action taken against Neumann was neither fair nor lawful, and that the Labour Court had now confirmed this view.
The GOOD Party criticised the Western Cape Education Department and its political leadership for pursuing the matter through the courts, highlighting the public funds spent on legal fees and the appointment of replacement principals. Herron called this “fruitless and wasteful expenditure.”
He further criticised both the current MEC for Education, David Maynier, and his predecessor, Schäfer, stating they had opportunities to resolve the matter but failed to do so. Herron called on Maynier not to appeal the judgment.
COVID-19 safety concerns at the root of the dispute
The disciplinary proceedings against Neumann arose in June and July 2020, during the first wave of the COVID-19 pandemic. At the time, Neumann supported calls for schools to remain closed due to health and safety concerns raised by parents and teachers at Heathfield High.
On 4 July 2020, the school’s governing body wrote to parents urging them not to send their children to school until it was safe. That same day, Neumann joined other principals in sending a memorandum to President Cyril Ramaphosa and Western Cape Premier Alan Winde, requesting the temporary closure of schools.
On 23 July 2020, the national government announced that schools would close again from 27 July to 24 August 2020.
Neumann was subsequently charged with misconduct, with the disciplinary proceedings authorised by then head of education Schreuder. Neumann denied all allegations, maintaining that his actions were taken in the interests of safety.
Department testimony did not prevent dismissal
During arbitration, Neumann’s immediate superior, circuit manager Jacqui du Plessis, testified that Neumann complied with departmental instructions when schools reopened for Grade 12 learners in August 2020. She confirmed that learners attended classes, teachers returned to work, and the school governing body was informed of departmental directives.
Despite this testimony, Neumann was dismissed in May 2022, and his internal appeal was unsuccessful. On 20 June 2023, Education Labour Relations Council commissioner Jonathan Gruss upheld the dismissal.
The case also raised questions about Schreuder’s authority to institute disciplinary proceedings. Schreuder retired in 2017 upon reaching the age of 65, but his contract was extended for two years, and again from April 2019 to March 2021.
The Public Service Commission later found the second extension to be irregular and recommended that the Premier of the Western Cape approach the courts to set it aside.
Neumann argued that, if Schreuder’s extension was unlawful, he lacked the authority to initiate disciplinary action.
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