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Schools take department to court for nonpayment

Six Eastern Cape schools have turned to the Bhisho High Court to ask that education MEC Mandla Makupula pay them almost R3-million for salaries from January to March 2011.

Lady Grey Arts Academy, PJ Olivier High, Barkly East High, Aliwal North Primary, Stutterheim High and Grens High schools are asking for a combined R2.96-million from Makupula and the head of department, Ray Tywakadi.

Stutterheim High School is claiming the largest amount - R1.13 million. "From January 1 2011 until March 10 2011, [Makupula and Tywakadi] intentionally or grossly negligently failed to fill the full quota of educator posts provided for in the department's approved post establishment by failing to allocate an adequate number of educators in accordance with the approved post establishment," the school submits in court papers.

Stutterheim alleged the department failed to appoint 12 teachers to fill substantive vacant posts.

As a result of the department's failure, the school had to hire and pay for the services of the teachers at its own expense.

"On or about June 21 2011, [Stutterheim High School] reported and accounted to [Makupula and Tywakadi] . and claimed the recovery of such amount as had been disbursed on behalf of [Makupula and Tywakadi].

"They have failed or neglected or refused to pay the said amount or any portion thereof," part of the claim reads.

The other schools allege similar circumstances:

Grens High School is demanding R175154.50 for two teachers;

Barkly East High School is demanding R267404.22 for five teachers;

Lady Grey Arts Academy is demanding R784060.03 for eight teachers;

Aliwal North Primary School is demanding R113322.77 for three teachers; and

PJ Olivier High School is demanding R490666.04 for four teachers.

In December last year, the Grahamstown High Court ordered education authorities to take urgent steps to permanently appoint teachers already employed by 90 school governing councils, reimburse schools for the salaries they have paid and publish regular bulletins for vacant posts.

The court ordered the provincial department to pay R81.4-million to the schools as reimbursements for salaries paid to teachers appointed by the schools from 2011 to this year because of the department's failure to fill vacancies.

The Bhisho High Court postponed the cases to October 20.

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