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The Constitutional Court on Thursday dismissed an appeal by the Gauteng Education Department against a High Court judgment that concluded that Hoërskool Overvaal did not have the ability to register English speaking students.
In January of this year, Hoërskool Overvaal the school where the medium of instruction is Afrikaans, was addressed to the High Court of North Gauteng after the department tried to place 55 students, who should be taught in English, at school.
At the time, Judge Bill Prinsloo decided the department to admit 55 students to the Vereeniging School, saying that the school did not have the ability to receive students, not to mention doing so in such a short period of time and effectively converting to a dual high school. In February, the ministry filed documents with the Constitutional Court to appeal the decision of the High Court.
On Thursday, the Constitutional Court rejected the appeal It is attributable to the fact that the ministry did not take into account the available capacity in two English secondary schools that share the same feeder area as Hoërskool Overvaal, noted the court in its judgment. In the judgment of the High Court, Prinsloo also found that both schools, General Smuts and Phoenix High, had a capacity of 55 students
Following the decision of the Constitutional Court to dismiss the court, department appeal, Mabona said that department still studies the judgment and will comment later
In a statement released Thursday, Trade Union Solidarity hosted the Constitutional Court
"The hands of public schools, and more specifically Afrikaans public schools , have been strengthened by this court decision and it allows governing bodies to enforce their admission policies with confidence, "said Johan Kruger, Deputy Director General of Solidarity.
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