Principal who refused to reopen his school during Covid-19 loses bid to be reinstated

A school principal who told the former head of the Western Cape education department “it was unfortunate he resorted to pre-1994 methods of issuing instructions in baasskaap manner” has failed to have his dismissal overturned. 

The Education Labour Relations Council (ELRC) ruled on Monday that the sacking of Wesley Neumann, the former principal of Heathfield High School in Cape Town, was both procedurally and substantively fair. 

The outspoken headmaster made headlines in October 2020 when he and a group of colleagues wrote an open letter to President Cyril Ramaphosa at the peak of the Covid-19 pandemic calling on him and his cabinet to reconsider the reopening of schools until it was safe to return. 

Ramaphosa, who announced the declaration of a national state of disaster on March 8 2020, indicated that schools would close on March 18. 

Basic education minister Angie Motshekga promulgated directives on May 29 indicating that grades 7s and 12s would return to school on June 1.

Neumann was charged with misconduct on September 16 2020 and found guilty on six charges on October 11 2021, including failure to carry out a lawful order. 

This concerned an instruction issued to him by former head of education Brian Schreuder, in a letter dated July 24 2020 asking him to ensure all grade 12 pupils attended school from August 3 and that teachers also report for duty. 

Schreuder gave the instructions after receiving information that the grade 12 pupils had not attended class for some time and also after the governing body unanimously decided not to reopen the school on June 1 because they said it was not safe as it had not been disinfected. 

Neumann was also found guilty of disrespect “in the form of abusive or insolent behaviour” in his response to Schreuder’s letter in an email on July 26. 

Neumann wrote: “It is unfortunate that, as head of education, you resorted to pre-1994 methods of issuing instructions in Baasskaap manner instead of engaging with the school regarding the problems that we are presently experiencing so that a solution could have been sought.” 

He was also found guilty of four other charges, including: 

• bringing the Western Cape education department into disrepute; 
• misusing his position by inciting personnel and/or learners and/or the community on social media platforms not to attend school or to report for duty;
• breaching his employer’s social media policies; and
• assaulted or threatened to assault a learner. 

However, after he lodged an appeal against the six guilty findings with then MEC of education Debbie Schafer, the finding on the assault allegation was overturned. 

But he lost his appeal against the dismissal sanction. As an alternative to dismissal, he was offered a demotion to the post of head of department at one of three schools which he rejected. 

He was dismissed in May 2022 and referred a dispute to the ELRC a day later.

Neumann testified during the arbitration hearings that took place over 13 days in February, April and May that the impact of Covid-19 on the school “resulted in him being verbally attacked by one of his departmental heads in that one of the staff member’s parents passed on because of Covid-19”.   

According to the transcript of the hearing, Neumann advised the governing body that any decision they took must be in line with legislation, and “only the head of department may close the school”.

He admitted reposting a newspaper article on his Facebook page headlined, “MEC has no idea what is happening in underprivileged schools”. 

Concerning his says to Schreuder, he said he was not guilty on the charge of displaying disrespect as “there was a context to what he wrote and it was not his intention to be disrespectful”. ELRC commissioner Jonathan Gruss stated that Neumann’s “pre-1994 and baasskap” remark “ultimately implies that Mr Schreuder is a racist or demonstrating the mentality of an apartheid racist boss”. 

Stated Gruss: “Considering the level of media coverage, had the department not dismissed the applicant this would have sent out a message to other principals that it is OK to rubbish on social media the name and reputation of any official in a management position.”

Western Cape education department spokesperson Bronagh Hammond told TimesLIVE Premium that the ELRC confirmed Neumann’s dismissal was procedurally and substantively fair and “it is now time to move forward”. 

“We are focused on ensuring that teaching and learning continues at Heathfield High.” 

Neumann told TimesLIVE Premium he was disappointed with the outcome, adding: “I will study the arbitration ruling and consult my legal representatives to establish whether there are prospects for an appeal to the labour court.

“It's a real pity because the judgment will discourage others from challenging the Western Cape education department when they feel their rights are being trampled on.” 

He said he will also be talking to his family “to look at my career options at this stage”. 

“However, I remain committed to education and making a small contribution to my community.”