Hoërskool Overvaal: Department acted unlawfully
The High Court in Pretoria has heard that the Gauteng
Department of Education acted unlawfully when instructing Hoërskool Overvaal to
admit 55 additional grade 8 pupils.
The school approached the court to urgently overturn the department’s decision stating that it is at full capacity.
Advocate Albert Lamey, representing the school, told the court according to the norms and standards in the Education Act, the department rode rough shot over the schools language policy.
"In other similar matters the Constitutional Court said you cannot perform that act which overrides the language policy. Because then you are acting unlawfully. Because you must either act in terms of the Schools Act by withdrawing a function of the schools SGB, or you must act procedurally fairly.
"Now, you cannot expect the school against its language policy to admit these learners, who are English speaking learners, when the school’s policy is single medium Afrikaans. That administrative act negates the language in an unlawful and an unfair manner.”
Earlier, Advocate Kumbirai Toma representing the department, told the court that around 20 of the 55 learners had already been admitted the school and any decision by the court will impact on them.
A few of the 55 learners hoping to be admitted to the school were present in court.
The case will continue on Friday.