The Equal Education Law Centre (EELC) has been admitted as amicus curiae in a legal dispute involving the Masiphumelele Love and Care Daycare Centre’s founders and trustees.

A Cape Times report says the centre was instructed by the Western Cape High Court to conduct an independent inspection of the crèche, following a hearing during which crèche founder Aurelia Kaitesi and the board of governors sought an order to remove Mayco member Felicity Purchase and a Noordhoek couple as trustees.

Kaitesi’s lawyer, Vernon Seymour, noted that Judge Nathan Erasmus had said the matter affected the rights of minor children.

‘Erasmus said as the upper guardian, the court has a moral and constitutional duty to consider the matter comprehensively. He also pointed out that the matter has the potential to divide the community given the mistrust, political and social overtones. It was for this reason that the court decided to intervene and appoint EELC as an amicus curiae,’ he said.

A memorandum signed by 56 parents of children at the centre was also submitted in court.

The memorandum read: ‘We condemn the actions of councillor Purchase and her co-applicants because they are acting against the interest of our children and the objectives of the trust. We reconfirm our previous decision that councillor Purchase and her two co-applicants be requested to recuse themselves as being part of the nursery (crèche) and trust.’

The report notes the matter was postponed to 21 August.

Full Cape Times report