INDEPENDENT school Ed-U-College is still fighting tooth and nail to prevent its eviction from two Transnet owned buildings, despite the Port Elizabeth High Court yesterday dismissing its urgent application with costs.
After the court’s decision yesterday, the school immediately filed an application for leave to appeal against Judge Elna Revelas’s decision.
This latest matter will be heard today in the Port Elizabeth High Court.
Revelas dismissed the school’s urgent application with costs, saying reasons for her decision would be available later.
The school filed an urgent application last Monday to fight the eviction order obtained by Transnet in August.
The school, which caters for about 2000 pupils, was meant to have vacated the Paynes building and Harbour Board building on December 15 – the same day it filed the urgent application.
The school had argued that while it was aware the eviction order was granted in August, it had only recently made an agreement to lease alternative premises.
It said the new premises would require extensive renovations and refurbishments which would only be complete at the end of April.
The school also said Transnet had a constitutional obligation to allow it to lease the buildings until the new premises were ready.
But Transnet said Ed-U-College was abusing court processes when the court had already granted the eviction order.
It also said the school had done nothing to secure alternative premises for months, preferring to approach the court at the 11th hour to apply for a stay of the eviction order.
Yesterday, Ed-U-College director Lilian Niemann declined to confirm that the school had applied for leave to appeal against Revelas’s decision.
“The matter is sub-judice so I cannot discuss the details, but we will be in court again tomorrow,” she said.
But Craig de Lange of Burmeister De Lange Soni Inc, which is representing Transnet, said after the court dismissed Ed-U-College’s application yesterday morning they had sent the sheriff of the court to the buildings to proceed with the eviction. – Lee-Anne Butler