A general view of children and adults at Delft South Primary School standing in line to collect literacy books, sandwiches, oranges and apples.

• The Gauteng High Court has ruled in favour of early childhood development centres reopening immediately.
• The decision to keep nursery schools closed under Level 3 of the lockdown was declared unlawful and unconstitutional.
• A costs order was also handed down by the court.

All private preschools and early childhood development centres may open with immediate effect, if they can do so safely, the Gauteng High Court in Pretoria has ruled. 

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The case had been brought by trade union Solidarity’s Occupational Guild for Social Workers and their School Support Centre (SCC) against the Department of Social Development regarding the reopening of private nursery schools.

Judge Hans Fabricius on Monday ordered that all private preschool institutions offering early childhood development services (Grade R and lower) are entitled to reopen immediately. 

Fabricius declared a decision by the Department of Social Development that private nursery schools remain closed under Level 3 of the coronavirus lockdown unlawful and unconstitutional.

He ordered Social Development Minister Lindiwe Zulu, the first respondent, to pay the costs of all the applicants. 

Fabricius said Zulu’s conduct fell short of what could be expected in “proceedings concerning young and vulnerable children”, and expressed his “strong disapproval”. 

More to follow. 

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