With the date of the reopening of schools in the country yet to be determined by the powers-that-be, one takes stock of what transpired in schools last year during the first wave of the global pandemic [COVID-19]. Ordinarily, the panacea in dealing with a crisis is adopting a proactive approach instead of being myopic.

There is no denying that when the Ministry of Education and Training [MoET] summoned educators to schools on June 29, 2020, ahead of the proposed reopening July 6, 2020, schools were not safe to welcome educators, support staff and learners. The SNAT did not take lightly the looming risk of prematurely reopening schools, thus articulated requirements that were to be met by the MoET before teachers commenced work in schools. As anticipated, the MoET was adamant; burying its head in the sand on the demands. Subsequent to this happygo-lucky attitude, the SNAT filed an urgent application at the Industrial Court a quo on the 6th of July 2020, challenging the reopening of schools.

We correctly contended that we had conducted independent inspections in more than 22 schools and found that the conditions in schools were not compliant to COVID-19 Safety Protocols. We further averred that in the event we proceeded to resume duties, there was a high likelihood of infections among teachers thus the need for sufficient Personal Protective Equipment [PPE] as prescribed by the World Health Organisation [WHO], United Nations Children’s Fund [UNICEF], International Labour Organisation [ILO], Education International [EI] etc. We prayed that government complies with the provisions of Section 9 and 18 of the Occupational Safety and Health Act No.9 of 2001, together with the directive issued by the PM [then] to the effect that all persons, including teachers, staff and learners should wear face masks in public spaces such as schools.

November 20, 2020, we all woke up to the headline in the daily publications: “Schools Opening: Government Breached COVID-19 Rules.” The SNAT had emerged victorious in Court. The Industrial Court found that the opening of schools on July 6, 2020 was in breach of Regulation 27 of the COVID-19 Regulations 2020. Regulation 27 provides that: “Schools and tertiary institutions shall be closed until the decommissioning of the declaration, which period may be extended for the duration of the national emergency by the Prime Minister (PM).”

Judge Dumisani Mazibuko pronounced that in the event the SNAT intends to pursue the issue of irregular opening of schools between July 6, 2020 and September 9, 2020, it shall make an appropriate application to penalise whomsoever may be responsible for the breach of Regulation 27 stating that as from September 10, 2020, government was legally entitled to open and operate schools subject to proof that the health and safety requirements, as provided for in the COVID- 9 regulations and any other law, have been complied with. The Court of Equity in its balanced jurisprudence and matured eye concurred with what the SNAT had raised before the inadvertent reopening of schools by the MoET on the 6th of July 2020.

Fast forward to 2021, the reality is that any survey on institutional compliance to the porous Standard Operating Procedures [SOPs] from the MoET would reveal a gloomy picture in schools. The base line being that schools were not compliant last year to the SOPs and Checklist aimed at curbing the spread of the virus. This year, the SNAT shall not yield at pinning the MoET to ensure that workstations adhere, not only to the SOPs and Checklist; further, to the provisions of the Occupational Safety and Health Act of 2001.