Ed-U-College to know fate on Monday

19 Dec 2014

Port Elizabeth independent school Ed-U-College will learn its fate on Monday, 22 December, when the Port Elizabeth High Court is expected to make an order in its urgent application to prevent its eviction from two Transnet- owned buildings.

The school filed an urgent application on Monday to fight the eviction order obtained by Transnet in August.

The school was to have vacated the two buildings it occupies on that day. It has been operating from two of Transnet's buildings - Paynes Building since 1996 and the Harbour Board Building since 2008 - and caters to children mainly from middle to lower income groups.

Arguing the matter on behalf of Ed-U-College before Judge Elna Revelas yesterday, Advocate Miranda Veldsman, instructed by Port Elizabeth attorney Egon Oswald, said Transnet had a constitutional obligation to allow the school an opportunity to remain in the premises until its alternative premises are ready at the end of April.

She said the school had acquired other premises but they required renovations and refurbishment to make them ready to accommodate about 2000 pupils as well as staff.

"It is not that [Ed-U-College] created the urgency by itself. In the past [it] simply did not have alternative premises but now the [school] has an opportunity to protect the rights of its pupils and move into new premises by May," Veldsman said.

The school was unable to approach the court earlier because it did not have a lease agreement for alternative premises, she said.

"It is clear that [Transnet] was unwilling to communicate, mediate or extend the lease, leaving the applicant no other option than to come to court. There is simply no reason for [Transnet] to evict [Ed-U-College]," Veldsman said.

"They say they want to use the buildings for their own purposes but they do not say for what."

But Advocate Steve Rorke SC said Transnet had been trying to evict the school from its premises since 2010.

"[Ed-U-College] is not the innocent party my learned friend seeks to make out it is.

"What [Ed-U-College] seeks is an abuse of the process," Rorke said.

Rorke and Advocate Nicky Mullins represent Transnet and are under instructions from Craig de Lange of Burmeister De Lange Soni Inc.

He said the school had not provided any information about its attempts - from August when the court granted the eviction order to December 15 when it was meant to vacate the premises - to find alternative premises.

"It is [Ed-U-College] which is the cause of this problem, not [Transnet].

"The history of the matter indicates a lack of commitment by [Ed- U-College] to move out of the property," Rorke said. "Is this just a ploy to get an extension?" he asked.

"Will we all find ourselves back here in a few months?

"The first we heard about the problem was the day they were meant to vacate the premises.

"That is unacceptable and it is unfair to [Transnet], it is unfair to your ladyship and unfair to the court staff who are all burdened with this matter today."

Rorke said the matter should be dismissed as it was not sufficiently urgent.

"The mess [Ed-U-College] finds itself in is of its own making."

Source: Herald

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