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ConCourt : Education department acted unlawfully on Hoërskool Ermelo
Wednesday, October 14, 2009 | Comments: 0
JOHANNESBURG Oct 14 Sapa
The Constitutional Court ruled on Wednesday that the Mpumalanga
education department acted unlawfully when it forced a school to
change its language policy.
But the Constitutional Court also ordered the school governing
body of Hoërskool Ermelo to review its language policy which gives
preference to Afrikaans speaking children.
"The school governing body of Hoërskool Ermelo must review and
determine a language policy in terms of... the Constitution," said
deputy chief judge Dikgang Moseneke.
Meanwhile, the Mpumalanga education department was ordered to
report back to the Constitutional Court on how it was planning to
solve the problem of overpopulation in schools.
In January 2007, Hoërskool Ermelo, an Afrikaans medium school,
said it could only accommodate a group of English-speaking children
if they were prepared to receive tuition in Afrikaans.
In terms of the South African Schools Act 84 of 1996, a school's
language policy is determined by that school's governing body.
The English medium schools in Ermelo could not take the group
because they did not have space for more pupils.
Not all of them could be accommodated at Hoërskool Ermelo
because they did not want to be taught in Afrikaans.
About two weeks later, the head of the education department
(HOD) urgently withdrew the function of the governing body to
determine the school's language policy and appointed an interim
committee to perform the function. The committee decided to change
the school's language policy to a parallel medium.
The school challenged the HOD's decision in the high court and
lost. It then took the matter to the Supreme Court of Appeal and
won.
The HOD applied for leave to appeal to the Constitutional Court,
arguing that its decisions were lawful.
Source : Sapa /fg/mp/gj
Date : 14 Oct 2009 10:56 OrigID : LP450701
The Constitutional Court ruled on Wednesday that the Mpumalanga
education department acted unlawfully when it forced a school to
change its language policy.
But the Constitutional Court also ordered the school governing
body of Hoërskool Ermelo to review its language policy which gives
preference to Afrikaans speaking children.
"The school governing body of Hoërskool Ermelo must review and
determine a language policy in terms of... the Constitution," said
deputy chief judge Dikgang Moseneke.
Meanwhile, the Mpumalanga education department was ordered to
report back to the Constitutional Court on how it was planning to
solve the problem of overpopulation in schools.
In January 2007, Hoërskool Ermelo, an Afrikaans medium school,
said it could only accommodate a group of English-speaking children
if they were prepared to receive tuition in Afrikaans.
In terms of the South African Schools Act 84 of 1996, a school's
language policy is determined by that school's governing body.
The English medium schools in Ermelo could not take the group
because they did not have space for more pupils.
Not all of them could be accommodated at Hoërskool Ermelo
because they did not want to be taught in Afrikaans.
About two weeks later, the head of the education department
(HOD) urgently withdrew the function of the governing body to
determine the school's language policy and appointed an interim
committee to perform the function. The committee decided to change
the school's language policy to a parallel medium.
The school challenged the HOD's decision in the high court and
lost. It then took the matter to the Supreme Court of Appeal and
won.
The HOD applied for leave to appeal to the Constitutional Court,
arguing that its decisions were lawful.
Source : Sapa /fg/mp/gj
Date : 14 Oct 2009 10:56 OrigID : LP450701
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