[lg policy] High Court rules in favour of Hoërskool Overvaal

[Harold Schiffman]

 High Court rules in favour of Hoërskool Overvaal

Updated Jan. 15, 2018, 7:33 p.m. | By *Gaopalelwe Phalaetsile*

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*The High Court In Pretoria has ruled that Hoërskool Overvaal in
Vereeniging has no capacity to enrol 55 English-speaking pupils.*


[image: gavel+court+judge+xgold+2012.jpg]

Judge William Prinsloo delivered a scathing judgement in favour of the
Afrikaans medium school  on Monday.

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.

"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.

ALSO READ: ‘Hoërskool Overvaal must transform'
<https://www.jacarandafm.com/news/news/ho%C3%ABrskool-overvaal-must-transform/>

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.

Prinsloo says GDE did not asses the schools infrastructure itself and
relied on minutes of a meeting with the school.

Prinsloo rejected the department's submissions that it can override the
schools language policy.

*Affidavits*

Judge Prinsloo also accused the department of intimidating the principal's
of two high schools in the area into changing their affidavits.

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.

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.

"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

The application by the school was upheld with costs.

GDE was ordered to place these 55 pupils to other English medium schools in
the area.

Gauteng Education MEC Panyaza Lesufi tried to console upset parents after
the judgement. The department has vowed to appeal the ruling.


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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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