Wesley Neumann's battle with WCED now in court's hands

WESLEY Neumann will once again meet the Western Cape Education Department (WCED) in court on Friday - this time he seeks an enforcement order to compel the department to return him to his position as principal of Heathfield High School on Monday.

The WCED dismissed him for refusing to reopen the school at the height of the Covid-19 pandemic in 2020, in line with calls by the school's community at the time. 

The school remained open and teachers reported for duty, except in cases where they had comorbidities. 

After years in and out of court, the Labour Court recently ordered the WCED to reinstate Neumann, finding him not guilty on all but one charge. It concluded that the dismissal was not an appropriate sanction.

The WCED has since filed an application for leave to appeal this decision with Education MEC David Maynier saying this latest action suspends the order to reinstate Neumann.

In a Notice to Motion for an Application to Enforce Judgement, Neumann wants the labour court to declare that the operation and execution of the order of Acting Justice de Kock granted on January 5, 2026 “shall not be suspended pending final determination of all present and future applications for leave to appeal or appeals lodged by any of the respondents in the case”.

He also wants the court to direct the respondent to “take all necessary steps to ensure that the order of Acting Justice de Kock of January 5, 2026 is fully implemented by permitting the applicant to resume his duties as principal of Heathfield High school on February 2, 2026, notwithstanding any application for leave to appeal or future appeals lodged by any of the respondents.”

In an affidavit in support of his application, Neumann said his attorneys received a letter from the WCED indicating that he must not report for duty on February 2.

“It is clear that respondents want to deny me my teaching career by any means necessary. In this matter I seek an enforcement order to direct that the respondent permit me to report for duty on 2 February as per the court order of 5 January 2026,” Neumann said. 

He said in coming to the decision to reinstate him, the judge took cognizance of the context, the environment and the prevailing circumstances during mid 2020.

Neumann’s affidavit also notes that his representatives wrote to the WCED when it came to their attention that the department had advertised their client's position of school principal.

“(The) Respondent replied to the letter stating that they will seek legal advice on how to address the situation. I understand the respondent has appointed someone notwithstanding that I had disputed my dismissal. It is submitted that the respondent cannot use the issue of two principals at the school because it is something they were warned about and must therefore take responsibility for the problem.”

Maynier said: “The law is clear: in terms of section 18(1) of the Superior Courts Act, the judgment is suspended, thus suspending the order to reinstate Mr. Neumann as principal of Heathfield High School. We have also filed a Notice to Oppose his new application on Friday.”

“Our priority is, and will remain, the best interests of the learners of Heathfield High School. The school is recovering from the actions of Mr. Neumann and his associates, and is flourishing. Heathfield’s Class of 2025 produced a matric pass rate of 89.9% – the school’s highest in 15 years, and significantly higher than any year during Mr. Neumann’s tenure as principal.”

Special Action Committee  Education Chairperson Terrence Smith: “The WCED has merely issued a Notice of Intention to seek leave to appeal. This notice carries no legal force and does not suspend the court ruling. Mr Neumann is therefore legally entitled and obliged to resume his rightful position as Principal of Heathfield High School on February 2.” 

Cape Times