WCED plans criminal complaint against Neumann supporters

The fight continues for former Heathfield High School Principal, Wesley Neumann who could possibly not return back to his post this week following the appeal made by the Western Cape Education Department (WCED) as his enforcement application to compel the department is only expected to continue next week.

The department said it would be opening a criminal complaint after a group of supporters had handed out pamphlets announcing his return to learners and staff last week. 

The Special Action Committee – Education (SAC-E) SAC-E who has been driving the call for former Heathfield High School principal, Wesley Neumann to return to his post said it was satisfied with the Labour Court’s decision to dismiss the Western Cape Education Department’s application to stop an enforcement application which is set to continue on February 13.

On Friday, Neumann had approached the labour court in a bid to compel the department to reinstate him to his position as principal.

This follows an appeal the department had made against the labour court’s ruling which overturned his dismissal into a final written warning.

SAC-E said it noted the decisive ruling by the Labour Court, handed down by Justice Molatelo Robert Makhura.

“In a packed courtroom so full that additional chairs had to be brought in, Justice Makhura dismissed the WCED’s application to strike out Mr Neumann’s enforcement application, which the Department had brought on the spurious basis of alleged non-compliance with Practice Directive 1, “it said.

“The Court found no merit in the WCED’s argument and rejected it outright.

"Justice Makhura  dismissed the WCED’s application, finding that the Department could show no prejudice whatsoever, particularly given that it had received the documents by hand and well within the court’s prescribed timeframes.

“This was nothing more than a deliberate abuse of court processes, aimed at delaying enforcement of a lawful court order and inflicting further harm on the Heathfield High School community."

However, Education MEC Minister David Maynier said it was not done yet and that Neumann’s application for enforcement did not mean a judgment had been made in the matter and that it would proceed with criminal steps: "Our priority is to protect learners at Heathfield High School, so we are deeply concerned that a group of Wesley Neumann’s supporters handed out pamphlets to learners announcing his return to the school.

“The group’s actions caused distress and disruption, and clearly demonstrate that they don’t care about the best interests of learners.

Maynier added via their appeal, Neuman would not return to post this week: “In terms of section 18(1) of the Superior Courts Act, the Labour Court judgment is suspended, which means the order to reinstate is suspended.

“He has now applied for an exception to this rule, and the judge has postponed the matter because Mr Neumann’s attorney bungled their application.

“So he will not be able to return to his position next week.

“The application in the Labour Court today was made by Mr Neumann, not by the WCED. No judgment or dismissal was given - the matter was *postponed* until mid-February.”

Maynier said they would be seeking criminal action: “A group of Wesley Neumann’s supporters handed out pamphlets to learners, announcing his return to the school.

“The group’s actions caused distress and disruption, and clearly demonstrate that they don’t care about the best interests of learners.

“A SAPS complaint will be laid, and we arranged counselling support for learners and staff.”

Neumann was dismissed in 2020 after dedicating to keep the school closed due to safety concerns during the COVID-19 pandemic and faced misconduct charges including obstruction, disrespect and breach of social media policy.