As judgment was reserved in what could be precedent-setting for the education fraternity and labour practices, former Heathfield High School principal Wesley Neumann said he felt confident about the case and the arguments made in court by his counsel. 

The Labour Court sitting in Cape Town on Friday reserved judgment in the matter after closing arguments were heard by Neumann, who has challenged his dismissal by the Western Cape Education Department (WCED).

In their closing arguments, WCED counsel argued that Neumann misused his position as a principal by “placing himself in a position of conflict of interest” when he campaigned for schools to remain closed despite directives issued by the then head of department, Brian Schreuder.

WCED maintains that the dismissal of Neumann was procedurally and substantially fair.

According to WCED’s counsel, Neumann had incited personnel and pupils to an “unlawful stay away during which there was zero attendance at the school for a period of three weeks”. 

It was also argued that Neumann had posted social media posts which brought the WCED into disrepute when they were harshly criticised for their decision-making during the pandemic.

It was submitted that the campaign Neumann had launched was motivated by his own fear, and this dictated his conduct. It was their further argument that as a principal, he was in a management position, and this should have placed him out of the fray of calling for pupils and educators to stay away from school.

“Neumann used inflammatory language in his campaign, and the content (of the campaign) was rude and abusive,” counsel for WCED argued.

Responding to the accusations of inconsistency and victimisation in which the same measure of disciplinary action was not muted out against other school principals who made a decision to not reopen due to safety concerns, WCED argued that they had “no obligation to investigate each and every employee”.

Speaking outside court on Friday following proceedings, Neumann, who was flanked by his children, said he felt relieved. 

“I am feeling very relieved and thankful that this part of my life has come to some sort of conclusion. It has been five years, and throughout this time, we have faced enormous challenges as a family.

“It’s very emotional. I think the arguments presented by my attorney represent the reality of what happened, and if the world is fair, I’m hoping to be at school as soon as I can,” said Neumann.

Cosatu Western Cape Secretary, Malvern de Bruyn, said they were happy with the arguments presented.

“We just hope now that the judge will make the just and right decision… We are quite confident that this matter will be in favour of Neumann. We saw that the WCED was clutching at straws and they were not prepared,” said De Bruyn.

Neumann’s counsel, in their relief, sought his reinstatement within three days of the court’s decision and also his salary back-dated to the date of his dismissal.

In closing arguments, Neumann’s counsel said: “The arbitrator’s decision cannot be sustained. He arrived at decisions which beggar belief.”

According to the head of the department at the time, Brian Schreuder, Neumann went against directives he had issued, which instructed that every Grade 12 pupil be physically at school every day of the week from August 3, 2020, until the commencement of their National Senior Certificate exams.

Despite his reservations about the directives issued, which related to health and safety concerns during the first wave of the pandemic, evidence in disciplinary proceedings confirmed that Neumann complied with informing pupils and staff to return to school.

The education arm of the Special Action Committee (SAC-E) said: “This case extends beyond an individual dismissal. It raises critical questions about the future of education, the rights of workers, and the ability of communities to act in defence of learners’ safety. The outcome is expected to set a precedent with wide-reaching implications for teachers, learners, and School Governing Bodies across South Africa.”

chevon.booysen@inl.co.za

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