Cosatu urges WCED to accept court ruling reinstating Wesley Neumann as principal
After a 'painful and protracted five-year legal battle', the Western Cape Labour Court has ordered Wesley Neumann's reinstatement as Heathfield High principal, with Cosatu warning the Education Department against appealing what they call a 'landmark judgment' against political persecution and abuse of power.
Image: Chevon Booysen
The Congress of South African Trade Unions (Cosatu) in the Western Cape has urged the Western Cape Education Department (WCED) to cease any plans of appealing against the reinstatement of Wesley Neumann as the principal of Heathfield High School.
This week, the Western Cape Labour Court set aside Neumann's dismissal and replaced the sanction with a final written warning.
Legal counsel for Neumann, advocate Vernon Seymour, said: “The big lesson of this case is that employers cannot trample on the rights of the employee and expect to get away with it even if it is almost four years later. In a 54-page judgment, the court rejected the narrative created by the WCED that Neumann was a defiant school principal who failed in his duty as an educator and leader of Heathfield High School in June/July 2020, in the height of the Covid-19 pandemic.
“The court accepted that Neumann was a hardworking, passionate school principal who had done wonders at the school… Neumann is relieved that this ordeal is finally over, and he is looking forward to resuming his duty as school principal on February 1.”
WCED has, however, said a decision on whether to lodge an appeal will be taken in due course.
WCED Spokesperson Bronagh Hammond said: “While the Labour Court overturned some of the previous findings, it upheld one of the charges — namely, that the language used by Neumann in written correspondence to the head of department was disrespectful and amounted to insolence. However, the acting judge reduced the dismissal to a final written warning. This is but one aspect of the ruling that is being carefully considered.
“The WCED remains committed to ensuring that disciplinary processes are applied fairly, consistently, and in the best interests of learners, educators, and the public education system.”
Cosatu Provincial Secretary, Malvern de Bruyn, said they “unreservedly welcome the landmark judgment”.
“This ruling is a monumental victory for worker justice, fairness, and the rule of law, bringing to a close a painful and protracted five-year legal battle that began during the Covid-19 pandemic. The court’s decision to set aside Neumann’s dismissal and replace it with a final written warning is a clear vindication of our long-held position that his persecution was unfounded,” said De Bruyn.
De Bruyn said the union has, from the outset, maintained that Neumann’s actions in 2020 were driven by a profound commitment to the health and safety of his pupils, staff, and school community, not misconduct.
“This case stands as a damning indictment of the WCED and its political leadership. It represents a classic case of the abuse of power and state resources to pursue a personal and political vendetta against a dedicated professional. The WCED’s relentless pursuit of this losing battle has come at an enormous and indefensible cost to the public purse.
“We are calling on the WCED to fully comply with the Labour Court order without delay, facilitating Mr Neumann’s seamless and retrospective reinstatement to his rightful position. Furthermore, we are calling on the WCED and the MEC for Education, David Maynier, to publicly declare that they will not appeal this judgment. To do so would be an act of sheer arrogance and a further waste of millions of rand in public money, money that should be funding teachers, textbooks, and school infrastructure, not endless legal fees,” said De Bruyn.
Also reacting to the judgment, the Special Action Committee–Education (SAC-E) said this ruling represents a decisive affirmation of justice, fairness, and due process, and brings to an end a protracted and painful chapter spanning more than four years.
“SAC-E has consistently maintained that this matter was never about Mr Neumann’s professional competence, integrity, or commitment to education. From the outset, we asserted that he was subjected to political and personal persecution at the hands of the erstwhile head of department, Brian Schreuder, and the former MEC for Education in the Western Cape, Debbie Schäfer. The Labour Court’s judgment vindicates this position and confirms that the actions taken against Neumann could not withstand legal scrutiny.
“This judgment must serve as a sobering reminder that the abuse of power, political interference, and personal vendettas have no place in our education system. SAC-E will continue to advocate for accountability, transparency, and the protection of educators against victimisation,” said SAC-E Chairperson Terrence Smith.