Genevieve Serra|Published
The Western Cape Education Department is asking the Labour Court to keep suspended an order requiring it to reinstate former Heathfield High School principal Wesley Neumann while its appeal is pending.
Neumann’s legal team, however, says there is nothing preventing him from returning to his post and is awaiting a new date for the matter to be heard by the Labour Appeal Court.
Why Neumann was dismissed
In June, the WCED was granted leave to appeal the Labour Court’s decision ordering Neumann’s reinstatement following his dismissal.
The order remains suspended pending the outcome of the appeal.
Neumann was dismissed after keeping the school closed because of safety concerns during the Covid-19 pandemic. He faced misconduct charges, including obstruction and breaching the department’s social media policy.
WCED spokesperson Bronagh Hammond said the department had filed a counter-application to keep the reinstatement order suspended while related appeal processes were yet to be concluded.
“The WCED has every right to appeal the judgment, especially considering our argument that the court committed multiple legal and factual errors when reviewing the Education Labour Relations Council’s (ELRC) arbitration award,” she said.
WCED defends appeal
“The Labour Court judgment also follows guilty findings against Neumann by an independent presiding officer in 2021 and an ELRC arbitrator in 2023. In June 2023, the ELRC arbitrator confirmed that ‘the sanction of dismissal was appropriate’.”
Citing court proceedings from earlier this year, the Labour Court had already dismissed an attempt by Neumann to make an exception to the rule that the judgment be suspended pending the appeal. The Court dismissed this attempt.
“The Department strongly believes that it is in the best interests of the school community to maintain stability and continuity while the legal processes run their course,” said Hammond.
Hammond said with the National Senior Certificate examinations under way, it was important to keep learners and staff focused.
“The school has been operating under its current leadership arrangements for some time and is currently focused on the National Senior Certificate examinations and other critical academic activities,” she added.
“The school has been flourishing with its new leadership, and produced a matric pass rate of 89.9% in 2025 – the school’s highest in 15 years. We hope to see even better results this year.
“The matter remains before the courts, and the Department is awaiting further directions and dates from the relevant judicial processes.”
Timeline of the court battle
Neumann, who was contacted by Weekend Argus for comment, was referred to his lawyer, advocate Vernon Seymour.
Seymour said the WCED had failed to prosecute its appeal because of non-compliance with the Rules of Court. In essence, he said, the appeal had lapsed.
“The legal effect of that is that the judgment of January 5, 2026, is no longer suspended and can be implemented. However, the WCED has applied for condonation and reinstatement of its appeal.
“A date for that has yet to be arranged, and it could be some time next year. To prevent the implementation of the January 5 judgment, the WCED has given notice of its intention to apply for a stay order. If granted, this would prevent Neumann from returning to his post as principal of Heathfield High School until the department receives permission to continue with the appeal.
“We are going to oppose the WCED’s application because it has already been five years. This dispute must now come to an end.
“With the appeal having lapsed, there is nothing to prevent Neumann from taking up his post as principal of Heathfield High School.”
Earlier, the Special Action Committee – Education (SAC-E), which has been speaking on Neumann’s behalf, said it noted Acting Judge Coen de Kock’s decision to grant the WCED leave to appeal in June.
In January, Neumann announced that he would return to the Labour Court to seek an enforcement order compelling the department to reinstate him.
This followed the WCED’s decision to appeal the Labour Court’s ruling that he should be reinstated.
In February, the Labour Court dismissed Neumann’s bid to enforce his reinstatement while the WCED’s appeal was pending.