Will stability prevail? Court to decide on Wesley Neumann's return to Heathfield High School
Wesley Neumann
Image: File
The Western Cape Education Department, in its answering affidavit to the Labour Court, has highlighted that since Wesley Neumann was dismissed as principal of Heathfield High School in May 2022, the school has stabilised, governance systems have been strengthened and the 2025 matric results were the highest in 15 years.
The department argues that allowing Neumann to return to his post pending appeal would risk destabilising the school and undermining progress made over the past three years.
The Labour Court has reserved its judgment, as it is expected to rule on whether Neumann will resume duties while the court considers the WCED’s appeal against his reinstatement. A week ago, the parties made their submissions after Neumann brought an urgent application seeking to return to the school despite the appeal process being under way.
In an excerpt from his affidavit, Neumann submitted that he cannot respond to events that occurred at the school after his dismissal.
“I cannot respond to events after I left other than that I became aware that learners, parents, and staff were upset when I was unfairly dismissed. The allegation that there is mobilisation of school activities being disrupted at this point in time, I submit that the affidavit of the chairperson of the school governing body is very informative,” he said.
The dispute dates back to 2020, when Neumann refused to reopen Heathfield High School during the Covid-19 pandemic, citing safety concerns for staff and pupils. He had also joined other school principals in writing to Cyril Ramaphosa and Cabinet, urging that schools remain closed at the time.
Despite this, the WCED instructed teachers and Grade 12 learners to return to the classroom, and disciplinary proceedings were instituted against Neumann, ultimately leading to his dismissal in May 2022.
After the Education Labour Relations Council upheld the sanction in an 2023 arbitration award, Neumann successfully challenged the outcome in the Labour Court. In January 2026, Acting Judge Coen de Kock ruled that dismissal was not an appropriate sanction, cleared him of most misconduct findings and ordered his reinstatement with back pay.
Shortly thereafter, the WCED filed an application for leave to appeal, arguing that the court had erred in its assessment of fairness and the arbitration evidence. In terms of the Superior Courts Act 10 of 2013, that application automatically suspends the reinstatement order pending the outcome of the appeal process.
In its answering affidavit opposing Neumann’s urgent bid to enforce the reinstatement order, the WCED contends that he has failed to demonstrate the exceptional circumstances and irreparable harm required in law to uplift the suspension.
The department disputes Neumann’s claim that his livelihood is at stake, stating that he is currently employed as a part-time councillor at the City of Cape Town. It argues that financial prejudice does not amount to irreparable harm, particularly as any back pay would be recoverable should he ultimately succeed on appeal.
A central plank of the WCED’s opposition is the alleged risk of renewed instability at Heathfield High should Neumann return before the appeal is decided. The department recounts protests, walkouts and disruptions that followed his dismissal, and said it took years to restore order. A permanent principal was appointed in January 2025, after which staff cohesion improved, administrative systems were strengthened and discipline was restored.
According to the affidavit, the 2025 matric pass rate was the highest in 15 years. The department said governance and financial controls have since been tightened and that the school community is no longer divided.
The WCED maintains that the trust relationship between Neumann and the department has irretrievably broken down and that temporarily reinstating him would undermine stability and potentially disrupt learners’ right to a safe and consistent learning environment.
The court’s pending ruling will determine whether Neumann returns to the school while the appeal process unfolds.