In a gripping turn of events at Bergview College, senior management has filed an urgent court application to prevent the Eastern Cape Education MEC, Fundile Gade, from removing the school's registration.
This contentious move follows a reported rape incident involving a seven-year-old learner, Cwecwe, which took place on school grounds last October, raising significant concerns about child safety in the community.
The legal action initiated by the trustees of the Wizkid Trust, which operates Bergview College, seeks to challenge Gade's recent decision to revoke the institution's registration.
In a court letter addressed to the Makhanda High Court, trustees Daniel Christiaan van Zyl, Lydia van Zyl, and Marilynne Joy Kilian called for immediate intervention, allowing them the opportunity to contest the ruling effectively.
Daniel Van Zyl, who identified himself as the chairperson of the board of trustees, outlined the urgency of their appeal, emphasising that the deregistration process must adhere to the stipulations set out in the Schools Act. Specifically, he highlighted Sections 44 and 45, which govern the registration and deregistration of independent schools, asserting that any withdrawal should proceed only after proper notification and consideration of representations made by the school’s owners.
Van Zyl stated, “Section 47 read with Section 46(2) of the Schools Act sets out a simple but mandatory administrative process that is to be followed by the Head of Department of Education of a Province before a decision to withdraw the registration of an independent school,” underscoring the legal framework that governs such actions.
On the other hand, the provincial Department of Education has expressed its concern about the ongoing investigation into the rape case, which was reported last year.
There has been criticism regarding the lack of progress in this matter, attributed in part to the alleged non-cooperation of the school's principal, who is currently being represented by the lobby group AfriForum over what it said were procedural issues.
Police Minister Senzo Mchunu has confirmed that three suspects have been identified in connection with the case, one of whom is reportedly the school’s principal.
He noted that DNA samples have been collected from these individuals, assuring the public that justice will be served in this deeply troubling matter.
The incident has not only shocked the local community but also sparked a wave of protests across South Africa, with citizens rallying for justice for Cwecwe and calling for stricter measures to protect children in schools.