The Western Cape High Court is expected to hear an urgent interim interdict application by the Special Action Committee over non-renewal of teacher contracts with immediate effect.

The Western Cape Education Department (WCED), Education MEC David Maynier, Finance and Economic Opportunities MEC Deidré Baartman and the Department of Basic Education are cited as respondents in the application.

Maynier announced they could not save the 2 407 posts for the 2024/25 financial year, blaming the National Treasury’s budget cuts.

Some education stakeholders rejected this, calling for jobs to be saved as this could threaten education quality due to the teacher versus learner ratio.

The decision to approach the courts, supported by Cosatu, came after the committee demanded an immediate moratorium on the non-renewal of contracts and that the department reviews the termination plan or face legal action.

According to court papers, the application is two-pronged. Part A seeks that WCED is interdicted and restrained from implementing its decision to terminate 2 407 WCED-funded teaching posts on December 31 until the dispute is resolved as set out in Part B of the application.

“That pending the final determination of the relief sought, WCED is interdicted and restrained from implementing any redeployment of educators arising out of the decision to terminate 2704 teacher posts. The (above) shall operate as an interim interdict with immediate effect.

“Directing that the costs of this application be paid by those respondents who oppose this application, on attorney client scale, jointly and severally, the one paying the other to be absolved.

Further or alternative relief, the relief be granted on an interim basis and that a rule nisi be issued calling upon the respondents to show cause why an order should not be made final, pending the determination of the relief sought in Part B of the application,” court documents read.

In Part B, the Special Action Committee wants the WCED decision not to renew teacher contracts to be reviewed and set aside.

“The decision to determine 2 407 teachers to be ‘in addition to the 2025 staff establishment at various schools’, be reviewed and set aside. Directing that by the commencement of 2026 academic year, to determine staff establishments for each class in each school to be within a ratio of one teacher for every 30 learners in every school.

Directing respondents to engage in a consultation and budgeting process with all relevant stakeholders with the express purpose of funding a staff establishment for every public school which has a ratio of one teacher for every 30 learners in a classroom.”

Maynier said they will oppose the application, which “contains inaccurate and misleading claims”. “The national government’s decision to not fully fund the 2023 multi-year wage agreement resulted in a massive deficit for provincial education departments. We are not the only province affected, and every province will have to find a way to close the deficit.

“We are not retrenching teachers.

“Some permanent teachers will be asked to move to another school where there is a suitable vacancy, and some contract teachers will not be reappointed after their contracts end.

“We will continue to do everything we can to fight for our teachers, and to fight for quality education in the Western Cape,” said Maynier.

He said the department’s focus was on the challenge of provisioning for growth in learner numbers in the 2025 school year and they would engage with stakeholders in this regard.

Baartman’s office confirmed they were aware of the application, and said they will await the outcome of the court’s decision.

Cape Times