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Court rules that private preschools and crèches to reopen immediately

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Gauteng High Court has ruled that private preschools and early childhood development centres to reopen with immediate effect, provided they do so in line with the Covid-19 safety regulations

On Monday, Judge Hans Fabricius declared the decision of Social Development to be unlawful and unconstitutional, saying there was no further reason to prevent children from returning to school.


The occupational guild and the SCS argued that nursery schools and day care centres were fully equipped and ready to receive preschoolers in the safe environment they had created.

The judgment comes after the Department of Social Development indicated under the Level 3 lockdown regulations that children would not be allowed back at creche or partial care facilities.

However, the case was won by the Solidarity Occupational Guild for Social Workers and the Solidarity Support Centre for Schools (SCS), after been taken to court by the department.

Fabricius ordered Social Development Minister Lindiwe Zulu, the first respondent, to pay Solidarity and the SCS’s legal costs.

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