Court rules in favour of Hoerskool Overvaal’s decision not to admit English-speaking learners

The thorny issue of schools language of instruction once again came into the spotlight as the North Gauteng High Court in Pretoria set aside the Gauteng department of education’s decision to admit 55 English-speaking learners into Hoerskool Overvaal.

Judge Bill Prinsloo ruled that Hoerskool Overvaal, an Afrikaans medium school, does not have the capacity to enroll additional learners.

“The instruction by the District Director of Sedibeng East, to place further learners for enrolment is set aside,” said Prinsloo.

“I find that on the probabilities that the school has no capacity to receive the 55 English learners, let alone of such short notice and convert to a dual medium school.”

Prinsloo said Gauteng education MEC Panyaza Lesufi acted unlawfully in the decision to admit the learners, adding that there are English-medium schools in the area with sufficient capacity.

The judgment comes after an urgent application to overturn Lesufi’s decision was brought before the court by the school’s governing body, arguing that it was in capacity with 621 pupils already admitted but the Gauteng department of education said it could take up to 840.

The department came to that conclusion after tallying up the school’s classrooms and finding that more pupils could be accommodated. They accused the school of using its language policy as a barrier for entry.

The school also argued that the department can not simply enforce something which is against policy, especially at such short notice.

Following the judgment, Lesufi said the school’s victory was short-lived as he would appeal the decision and take it to the Constitutional Court if necessary.

He was responding to a group of parents who expressed their anger at the ruling, with some shouting that they would protest the decision and burn the school to the ground.

Also read: High time for change in education, says MEC Lesufi