The Eastern Cape's only industrial school is not admitting pupils despite there being a court order directing it to do so.
The Eastern Cape’s only industrial school has not enrolled any pupils this year, despite a court order that it must admit 120 problem children.
Errant pupils are placed in industrial schools because they have behavioural, psychological or emotional problems.
Grahamstown High Court Judge Jeremy Pickering ruled in March that the Gali Thembani Youth Care Centre had to be “kept open as a functioning, secure school” until the provincial departments of education and social development reported to the court that they had found proper facilities to accommodate the pupils.
Legal Aid South Africa secured the court order. This week, senior litigator Lilla Crouse told the Mail & Guardian that she was being contacted on a daily basis by social workers and parents wanting to place children at the school.
“Despite court orders to place the children, placement is not taking place,” said Crouse.
It emerged during the court hearing that pupils sent to the school last year by the children’s court were still roaming the streets.
A mother whose 16-year-old son was referred to Gali Thembani because of behavioural problems last November said “he’s still home”.
In bad company
“He comes home at four o’clock in the morning and keeps bad company. They do drugs. He needs to be institutionalised so that he can receive help,” said the mother, who works in Port Elizabeth.
Aletta Maria van der Merwe, a social worker in Port Elizabeth, said because of uncertainty over the school’s future she was placing children who should be in Gali Thembani in normal schools. However, the problem pupils caused “havoc in the ordinary schools they attend”.
Crouse said that, during her visit to Gali Thembani on Monday, she had found that there were only four children at the school. Another court showdown is now on the cards over noncompliance with the court order.
“Legal Aid South Africa will not stand by and have the rights of vulnerable children trampled on,” Crouse said.
“We will go to court again if we cannot get the government to act in the best interest of children.”
She added that Legal Aid South Africa had asked the provincial Child Justice Forum to discuss the court order with the departments “and ensure compliance through -co-operation”. “Of course we will, in so far as it is possible, first try to negotiate with them.”
The Eastern Cape education department had not responded by the time of going to press.