Former Heathfield High School principal Wesley Puleng Neumann has failed in his attempt to secure immediate reinstatement while the Western Cape education department (WCED) pursues an appeal against a recent Labour Court ruling.
Neumann, currently a part-time Good party councillor in the City of Cape Town, was dismissed in June 2020.
This followed allegations that he declined to reopen the school to staff and Grade 12 pupila despite government instructions during the Covid pandemic.
He was later charged with multiple counts of misconduct – including insubordination, insolence and breaching the department’s social media policy – following disciplinary action instituted by the WCED.
From arbitration to Labour Court
After his dismissal, Neumann challenged the outcome at the Education Labour Relations Council, but lost in June 2023.
He subsequently took the matter to the Labour Court, which in January 2026 overturned the arbitration ruling.
The court found that dismissal was not an appropriate sanction, clearing him of most of the misconduct charges, but confirming the insolence finding.
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As a result, the Labour Court ordered that Neumann be issued with a final written warning and return to his post with back pay on 2 February.
However, the WCED filed an application for leave to appeal on 23 January – automatically suspending the implementation of the reinstatement order.
Undeterred, Neumann approached the Labour Court again in an attempt to enforce the order pending the appeal outcome.
Bid for urgent relief
During proceedings on 13 February, Neumann argued that the department’s decision to appeal was an effort to block his return to his post.
He told the court that the matter was urgent because it affects his livelihood and he may face severe financial consequences, including losing his home.
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The former principal also expressed concern that the department might employ “delay tactics” that could stretch the appeal process out by as much as three years.
The WCED opposed the application, maintaining that urgency had not been established.
The department further argued that Neumann’s livelihood would not be affected, highlighting that he earns R579 132 per annum – R48 261 per month – in his role as a councillor.
Labour Court ruling
In a ruling delivered on 20 February, judge Molatelo Makhura ruled that Neumann failed to demonstrate the exceptional circumstances required to enforce a court order while an appeal is pending, as outlined in Section 18 of the Superior Courts Act.
The judge found that the reasons advanced by Neumann – including public interest, backing from the community, the circumstances of the Covid pandemic, the refusal of his superiors to endorse his dismissal, an alleged bribery attempt involving a potential witness, the absence of suspension during the disciplinary proceedings and the proposed demotion – did not meet the threshold for being considered exceptional.
“The fact that some members of the public or the school community support him merely reflects his popularity, not any legal basis for exceptional circumstances,” the ruling reads.
Makhura also dismissed concerns over financial harm.
“He has not sufficiently pleaded the issue about the potential non-payment of his home loan. He has also not explained why this income is inadequate or how it compares to his salary as a principal.”
The court added that should the department’s appeal fail, Neumann would be reinstated with full retrospective benefits in line with the 5 January 2026 ruling.
His years of service would remain intact, according to Makhura and he would be entitled to arrear pay up to the date of payment.
Neumann’s application was therefore dismissed.
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