Bergview College board applies to urgently interdict EC Education MEC

JOHANNESBURG - The board of trustees at Bergview College in the Eastern Cape has launched an application for an urgent interdict against the Education MEC, Fundile Gade, over his decision to withdraw the school's registration.

ALSO READ: EC girl (7) rape case: MK Party Women's League bemoans lack of accountability

Gade previously indicated his intention following the rape of a seven-year-old girl at the school.

The institution is asking the High Court in Makhanda to suspend the process by the MEC pending a review application to set aside the decision.

In papers seen by EWN, the chairperson of the board of trustees, Daniel van Zyl, urgently seeks the High Court to suspend the process of deregistering the institution as an independent school as earlier communicated by the MEC.

Van Zyl anchors his argument on among others Section 47 of the South African Schools Act, which outlines that the withdrawal of registration of an independent school is not valid unless ( a) the owner has been furnished by the head of department with a notice and reasons.

It also prescribes that the owner of the independent school must be granted an opportunity to make written representations to the head of department as to why the registration of the school should not be withdrawn.

It is therefore argued that the deregistration of the school cannot take place without the mandatory administrative steps being followed.

The applicants seek the superior court to interdict the MEC and allow the school to continue operating pending the review application of the Gade’s decision.