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Private sector preschoolers may return to school, Judge rules

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Private sector preschoolers may return to school, Judge rules

 Private sector preschoolers may return to school, Judge rules

6th July 2020

By: African News Agency

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South African trade union Solidarity has won its case against the department of social development, meaning preschoolers in the private sector are able to resume learning amid the ongoing Covid-19 health crisis. 

The case was heard in the Pretoria division of the Gauteng high court on Monday. 

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In his ruling, Judge Hans Fabricius declared that "...all pre-school institutions offering Early Childhood Development [ECD] services are entitled to re-open immediately". 
 
The case was brought by Solidarity's occupational guild for social workers and the Solidarity Support Centre for Schools (SCS), which sought the immediate reopening of private nursery schools and daycare centres if they were safely able to do so. 

"The two organisations filed a case against the Department of Social Development [DSD] because no indication was given regarding a specific date for the reopening of these institutions," according to Solidarity. 

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It further said that the DSD "indicated" via a press release on June 5 that the early childhood development sector, consisting of Grade R and younger learners, may not reopen under level 3 lockdown regulations. 

Fabricius declared this to be unlawful. He also ordered that the DSD pay the costs for Solidarity's legal counsel. 

Sector head for the Solidarity Occupational Guild for Social Workers, Marisa Engelbrecht, said the organisation was "delighted" with the outcome. 

"It means thousands of parents will be able to place their children in the care of their competent teachers again for the stimulation and learning that children so desperately need.

“What is even more reassuring, is that these children will now be in a safe environment again and that the children dependent of feeding schemes will once again be able to learn and develop optimally with food in their stomachs,” said Engelbrecht via a statement on Monday. 

She said the department failed to submit its court documents and had failed to respond in any other way, as required by court proceedings. 

Engelbrecht said that in terms of the ruling, the state had no choice but to allow the re-opening of private nursery schools and daycare centres.

"Teachers can resume their duties and the many staff members who also suffered as a result of this senseless silence on the part of the department can now look forward to work in a safe way that does not compromise health. 

"This victory is not just a victory for private nursery schools and daycare centres as well as their learners; it is a victory for every South African who wants to stand up to the unfairness of the government’s lockdown measures.”
 

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