It is well known that the SAOU is a party to the case in the matter between the principal and the Grey College Governing Body. The SAOU also opposed the leave to appeal by the Governing Body.

Therefore, the SAOU is delighted that the Bench comprising of two Judges in the Bloemfontein High Court today delivered a decisive verdict by dismissing the application for appeal of the Grey College Secondary School with costs. This means that the 2018 ruling is maintained, viz. that the Governing Body was not in a position to unilaterally release the principal from critical functions and to appoint its own "school manager" to which the principal would be subordinate.

The SAOU regards the ruling as a victory for all public schools in South Africa. It provides legal certainty to all school staff and governing bodies with respect to the delimitation of the powers of school governing bodies.

It was never the purpose of the SAOU to choose between the merits of the dispute between the Grey College Governing Body and the Principal. Our focus was on the principle of separation of powers between school management and the governing body's control functions. The line is now clearly drawn.

The SAOU has been convinced from the outset that the governing body of any public school in South Africa is not in a position to act as an employer in relation to departmental employees. Furthermore, the SAOU is of the opinion that the Governing Body is also not in a position to appoint a "School Manager" over the Principal.
The SAOU is convinced that we have acted in the interest of every headmaster and educator and that it is crucial that educators' rights be protected at all costs.

It is the SAOU’s confident hope that the cudgels will now be laid down and that all parties will take this traditional and proud school forward to the benefit of everyone on the basis of the verdict. The saga over the past few months has brought honour to no one.

We will continue to be actively involved in the support of our members where the legislation is clear and where their rights can easily be lost in contemporary society

 

Issued by SAOU