Tracy-Lynn Ruiters|Published
Wesley Neumann is disappointed but accepts that he will have to wait until the appeal process has been concluded before returning to Heathfield High School, according to his attorney, Vernon Seymour.
Seymour was reacting to the Labour Court’s decision on 20 February to dismiss Neumann’s bid to enforce his reinstatement while the Western Cape Education Department’s appeal is pending. The effect of the ruling is that the earlier order reinstating him as principal remains on hold until the appeal has been finalised.
Neumann was dismissed in May 2022 following allegations of misconduct, including claims of insubordination and breaches of the school’s social media policy. In January this year, the Labour Court set aside his dismissal in a detailed judgment and ordered that he be reinstated. The WCED subsequently applied for leave to appeal that decision.
Because an appeal has been lodged, the reinstatement order is automatically suspended in terms of the Superior Courts Act. Neumann approached the court seeking to have that suspension lifted, arguing that he should be allowed to return to the school in the interim. That application has now failed.
Seymour said his client had hoped to resume his duties after what he described as a lengthy and taxing legal battle.
“After a five-year wait for justice, he was naturally looking forward to getting back into the classroom and getting on with the business of teaching and learning,” Seymour said.
He added that members of the Heathfield High community who had supported Neumann would also be disappointed by the outcome, as many had hoped for closure to the protracted dispute.
Seymour emphasised that the latest ruling does not overturn the earlier finding that Neumann’s dismissal was unfair. “The ruling does not in any way impact on the Labour Court’s decision to overturn his unfair dismissal and that he be reinstated as principal of Heathfield High School,” he said, adding that the January judgment ran to 54 pages and was, in his view, thorough and well reasoned.
The WCED welcomed the Court’s decision.
In a statement, Western Cape Education MEC David Maynier said the Labour Court had put the best interests of the learners of Heathfield High School first, and dismissed Wesley Neumann’s application to return to the school as principal pending further Court proceedings.
Maynier confirmed that the department has filed an application for leave to appeal the January judgment and that, under section 18(1) of the Superior Courts Act, the reinstatement order is suspended. He said Neumann had sought an exception to that rule, which the Court declined.
Quoting from the judgment, Maynier said the Court found: “There is nothing unusual, extraordinary, or unique about this case that warrants departing from the general rule that an appeal suspends the operation of a judgment. For that reason alone, the application must fail.”
He also cited the Court’s remarks on public support for Neumann, stating: “The applicant’s public interest argument or public support and or sentiment does not advance the applicant’s case in any respect. Such considerations belong in the realm of politics, not in a judicial assessment of disputes and section 18 application.
“The fact that some members of the public or the school community support him merely reflects his popularity, not any legal basis for exceptional circumstances.”
Maynier said the Court found that Neumann had not shown he would suffer irreparable harm if the order was not enforced, nor had he demonstrated that the WCED would avoid harm if it were. He further quoted the Court as stating: “The applicant cannot credibly claim financial ruin when he earns R579 132.00 per annum, which is more than R48 200.00 per month.”
Maynier added: “As stated before, Heathfield High School is finally flourishing and has just produced a matric pass rate of 89.9% the school’s highest in 15 years. It would not have been in the best interests of the learners and school community for conditions as they were under Wesley Neumann to potentially recur pending the outcome of the appeal.
“Wesley Neumann’s application never had any prospects of success, and has only served to waste taxpayer money.”
Court documents indicate that the judge was not persuaded that the circumstances raised by Neumann met the high threshold required to justify enforcing a judgment while an appeal is under way.
The appeal process will now determine whether the January ruling reinstating Neumann as principal ultimately stands. Until then, he remains out of the post.
Tracy-Lynn Ruiters
iol.co.za
