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<h1 class="gmail-post--title">High Court rules in favour of Hoërskool Overvaal</h1>
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<span class="gmail-icon-clock"></span> Updated <time>Jan. 15, 2018, 7:33 p.m.</time>
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By <b>Gaopalelwe Phalaetsile</b>
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<div class="gmail-rich-text"><p><i>The High Court In Pretoria has ruled that Hoërskool Overvaal in Vereeniging has no capacity to enrol 55 English-speaking pupils.</i></p><p><i><br></i></p></div>
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<div class="gmail-block-paragraph"><div class="gmail-rich-text"><p>Judge William Prinsloo delivered a scathing judgement in favour of the Afrikaans medium school on Monday. </p><p>He
upheld an urgent application by the School's Governining Body (SGB) by
overturning the decision by the Gauteng Education Department (GDE) to
force the school to admit the learners. </p><p>"On the overwhelming
weight of the evidence and for all the reasons mentioned, I find that on
the probabilities the school has no capacity to receive the 55 English
learners, let alone to do so on such short notice. And to convert to a
double medium school.. On the overwhelming probabilities, Phoenix and
General Smuts English medium schools have enough capacity to accommodate
the 55 English learners, or what is left of them given the undisputed
breakdown offloaded about them from the respondents own system," said
Prinsloo. </p><p>ALSO READ: <a href="https://www.jacarandafm.com/news/news/ho%C3%ABrskool-overvaal-must-transform/">‘Hoërskool Overvaal must transform'</a></p></div></div>
<p>He relied on the
school's submission of evidence regarding an independent consultant who
assesed the school and found that for safety reasons it can only admit
598 pupils. </p><p>Prinsloo says GDE did not asses the schools infrastructure itself and relied on minutes of a meeting with the school. </p><p>Prinsloo rejected the department's submissions that it can override the schools language policy. </p><p><b>Affidavits</b></p><p>Judge
Prinsloo also accused the department of intimidating the principal's of
two high schools in the area into changing their affidavits.</p><p>The
Principals of Pheonix High School and General Smuts High School,
submitted two conflicting affidavits, the first set explaining to the
court that their schools had space for additional learners and a second
set stating the schools were full to capacity. </p><p>He read screen
shots of a conversation between one of the principals and an official
from Hoërskool Overvaal, stating that a meeting was held at the
education department’s district office where one of principals was
threatened to change his affidavit or lose his job and his pension. </p><p>"These
are obviously very troubling revelations regarding the conduct of
officials of the department. In as much as these conversations may
amount to hearsay. I exercise my discretion in terms of section 3 of the
Hearsay Amendment Act. I declare the evidence as duly admitted as this
is in the interest of Justice," said Prinsloo</p><p>The application by the school was upheld with costs.</p><p>GDE was ordered to place these 55 pupils to other English medium schools in the area. </p><p>Gauteng
Education MEC Panyaza Lesufi tried to console upset parents after the
judgement. The department has vowed to appeal the ruling. <br></p><br clear="all"><br>-- <br><div class="gmail_signature">=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+<br><br> Harold F. Schiffman<br><br>Professor Emeritus of <br> Dravidian Linguistics and Culture <br>Dept. of South Asia Studies <br>University of Pennsylvania<br>Philadelphia, PA 19104-6305<br><br>Phone: (215) 898-7475<br>Fax: (215) 573-2138 <br><br>Email: <a href="mailto:haroldfs@gmail.com" target="_blank">haroldfs@gmail.com</a><br><a href="http://ccat.sas.upenn.edu/~haroldfs/" target="_blank">http://ccat.sas.upenn.edu/~haroldfs/</a> <br><br>-------------------------------------------------</div>
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