Ed-U-College to continue fight with another appeal

butlerl@timesmedia.co.za

DESPITE today being D-day for independent school Ed-U- College to vacate two Transnet-owned buildings it has been operating from, the school’s boss has vowed to fight back, saying she plans to file yet another application to contest its eviction.

On Tuesday, Judge Elna Revelas dismissed the school’s application for leave to appeal against her earlier court decision for a stay of the eviction order granted in August. Ed-U-College, which caters for about 2000 pupils, had been ordered to vacate the buildings on December 15, but filed an urgent application for a stay of the eviction order on the same day.

On December 22, however, Revelas dismissed the urgent application with costs.

Ed-U-College then responded by immediately filing an application for leave to appeal against Revelas’s decision.

But this week she again dismissed the application, stating that Ed-U-College would have no reasonable prospects of success by taking the matter on appeal.

“The lease agreements entered into between the applicant and the respondent were commercial lease agreements which had been cancelled some time ago,” Revelas said.

“There have been four agreements between the parties which were made orders of the court and which pertained to arrear rentals and the eviction of the applicant.

“The applicant did not comply with any of them. When the present application was brought, the applicant was in arrears with four months’ rental and boldly stated that, based on legal advice, it would not pay the rental.”

Ed-U-College 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.

During its urgent application in December, the school said while it was aware the eviction order was granted in August, it had only recently made an agreement to lease alternative premises, which would be ready for occupation at the end of April.

But Transnet said it had given the school many opportunities to find alternative premises in the past and had been trying to evict it since 2010.

Ed-U-College director Lilian Niemann declined to comment, other than to say: “I cannot comment as it is sub-judice.

“I will say that we are doing yet another application.”

Transnet’s attorney, Craig de Lange, yesterday said he had received a letter informing him the school would petition the Supreme Court of Appeal for leave to appeal against the decision.

John Killik, the father of a pupil who filed a high court application to join the school in its legal wrangle against Transnet last year, said he has since removed his son from the school.

Killik, whose son, 22-year- old Armand, has a learning disability, said he had joined the school in an attempt to protect the interests of pupils. He said, however, after the parties agreed that the school would vacate the premises by December 15, he had removed Armand from the school.

“We were told that the school would be out by December 15.

“I think what they are doing is just wrong because they have had ample time to find new premises,” he said.

“The parents are not being informed of what is going on.”

Attempts to reach Ed-U-College’s attorney, Egon Oswald, were unsuccessful.

Get commercial property news by email

Free alerts when we publish — pick a focus or get everything, unsubscribe in one click. Subscribe »