[lg policy] High Court sets aside GP Edu Dept instruction in Afrikaans school case

Harold Schiffman haroldfs at gmail.com
Mon Jan 15 10:13:18 EST 2018


 High Court sets aside GP Edu Dept instruction in Afrikaans school case

Judge Bill Prinsloo has found that the department did not have the
authority to unilaterally override the school’s language policy and that it
failed to assess the school’s capacity to accommodate the pupils.
[image: Picture: Supplied]
Picture: Supplied

   - Gauteng Education Department
   <http://ewn.co.za/Topic/Gauteng-Education-Department>
   - Hoerskool Overvaal <http://ewn.co.za/Topic/Hoerskool-Overvaal>


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Barry Bateman <http://ewn.co.za/Contributors/barry-bateman> | 39 minutes ago

PRETORIA - The High Court has set aside the Gauteng Education Department’s
instruction to Höerskool Overvaal
<http://ewn.co.za/2018/01/13/gde-adamant-that-hoerskool-overvaal-has-space-for-more-pupils>,
forcing it to admit 55 English speaking pupils.

Judge Bill Prinsloo has found that the department did not have the
authority to unilaterally override the school’s language policy and that it
failed to assess the school’s capacity to accommodate the pupils.

The school governing body argued that it did not have the capacity to
accommodate the children, while the department claimed the school was using
language as a barrier to entry.

Prinsloo says the weight of the evidence demonstrates that Höerskool
Overvaal does not have the capacity to admit the 55 English speaking pupils
and that the education department did not have regard for the capacity of
the school compared to neighbouring schools.

He says had the department made any effort, they would have discovered an
abundance of capacity at two neighbouring English schools.

The judge also referred to regulations which state that it is for a school
governing body to determine admission and language policy.
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-- 
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 Harold F. Schiffman

Professor Emeritus of
 Dravidian Linguistics and Culture
Dept. of South Asia Studies
University of Pennsylvania
Philadelphia, PA 19104-6305

Phone:  (215) 898-7475
Fax:  (215) 573-2138

Email:  haroldfs at gmail.com
http://ccat.sas.upenn.edu/~haroldfs/

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