Gauteng department of education hauled over coals

The High court in Pretoria on Monday hauled the Gauteng department of education over the coals for unlawfully instructing the Afrikaans-medium Overvaal high school in Vereeniging to enrol 55 Grade 8 English learners‚ despite the school’s demonstrable capacity constraints.

The court took particular aim at the department’s senior staff in Sedibeng East district‚ saying they should possibly be investigated for defeating the ends of justice.

At issue were conflicting sworn statements that the principals of the General Smuts and Phoenix Secondary schools made to the court.

In their first statements‚ the principals said their respective schools‚ which are close to Hoërskool Overvaal‚ had space for the learners that the department wanted placed at Overvaal. However‚ affidavits read in the judgment reveal that just days later later‚ the principals made an about-turn‚ after they were summoned to the district directors’ office‚ and said they had no space and that their schools were full.

The communication between the principals‚ which were part of the applicant’s affidavits‚ reveals that the principals were targeted for saying they had capacity to accommodate the 55 learners.

Electronic communication between the schools’ principals and SGB members‚ read as part of the judgment‚ reveal that the principals were threatened with axing‚ accused of being racist and resisting transformation.

“I find it inherently improbable that these experienced‚ qualified school principals would make such a vast mistake within their affidavit‚” judge Bill Prinsloo noted.

He said on the overwhelming weight of the evidence‚ the Afrikaans-medium school had no capacity to receive the 55 English learners‚ let alone to do so at such short notice and to convert to a double-medium school. The judge said the department acted in conflict of the principle of legality and irrespective of whether there was capacity or not‚ the December instruction was unlawful.

Setting aside the district director’s instruction that the school admit the learners‚ the judge rejected the department’s argument that language policy was irrelevant in admission processes.

The judge slapped the department with punitive costs‚ saying unlike the school that was out of pocket‚ the department had the luxury of tapping into taxpayers’ funds to litigate.

"The way in which the respondents chose to litigate‚ for example by not answering letters‚ unreasonably applied undue pressure on fellow organs of state…” the judge said.

He said‚ as was the constitutional imperative‚ the relationship between the organs of state demanded cooperation and reasonableness.

- TimesLIVE