Government’s plan to ensure the safety of pupils in schools should be supervised by the courts or an independent body. That’s what One SA Movement, a non-profit organisation, is fighting for in a new court bid, notes a City Press report.

The organisation led by Mmusi Maimane has filed a motion in the Gauteng High Court (Pretoria) to have the matter heard on 17 June.

President Cyril Ramaphosa, Co-operative Governance & Traditional Affairs Minister Nkosazana Dlamini-Zuma and Basic Education Minister Angie Motshekga are cited as respondents.

This comes as government prepares for the return of grades seven and 12 pupils today and follows the Constitutional Court's dismissal on Friday of its urgent application to gain direct access to the apex court to stop the reopening of schools.

One SA Movement wants the court to declare government’s decision to reopen schools unconstitutional.

But if granted, the order should be suspended for 60 days to allow government to come up with a comprehensive readiness plan that would be supervised by the court or an independent body, it states in court papers.

In his founding affidavit, Maimane argues for the protection of the right to life.

‘Furthermore, the applicants seek a declaration that the impugned conduct of the respondents, including the President, is irrational based on illegality in so far as it falls below the standard set in section 27 of the Disaster Management Act.'

‘Lastly, this matter concerns executive accountability. In that regard, we seek to invoke the court’s wide remedial powers by seeking structural or supervisory relief stipulating stringent conditions, without which the respondents may not implement any of the level three measures and/or more specifically the reopening of schools for 60 days, during which the constitutional breaches may be cured. In the supervising period and to avoid a vacuum, level four regulations must be restored.’

Full City Press report