The unlawful placement of additional learners at the Swartruggens Gekombineerde Skool just days before the start of the school year has already cost tax-payers thousands of rands. 

In April this year, an urgent court interdict granted temporary protection against a decision by the North-West Head of Education to amend the language and admission policies of the school. The provincial education department was also ordered to comply urgently with instructions regarding infrastructure, budgets, safety, sanitation, staff, and social and emotional support. By August, the North-West Education Department had yet to comply with a single deadline. The school governing body organisation FEDSAS then supported the Swartruggens SGB in submitting an application for contempt of court.

On Monday (7 September 2026) the North-West High Court ordered the provincial education department and the Head of Education to submit all remaining reports and documentation within five calendar days. In addition, the department, and the Head of Education in his personal capacity, were ordered to explain their non-compliance to the court on 29 October this year. The Head of Education in North-West, Mr Lengane Bogatsu, must appear before the court in his personal capacity to explain why he should not be committed to imprisonment for a period of 30 days, or alternatively why he should not be ordered to pay a fine. The court will also decide about a punitive cost order, which Bogatsu might be required to pay out of pocket. 

“It is simply unacceptable that the court must be approached on numerous occasions to get education officials to do their jobs. Tax-payers foot the bill for officials’ salaries as well as for the legal costs to get them to fulfil their obligations,” says Dr Jaco Deacon, CEO of FEDSAS. 

Deacon says a final decision regarding contempt of court will only be made at the end of October. “Even if they manage to do in five days what they could not do in nearly six months, the provincial education department and Bogatsu will still be required explain to the court why they should not be held in contempt.” 

The department’s non-compliance also has a knock-on effect on the school. “The school has already received several applications for Grade 8 for next year. However, without confirmation about infrastructure, capacity, staff, and resources, it is not possible to determine how many additional learners could be accommodated safely.” Serious problems with infrastructure that pose a threat to the safety of learners were expressly mentioned in the April court order. 

Deacon says the irony is that the school and SGB were in favour of admitting additional English-medium Grade 8 learners. The SGB was just awaiting written confirmation from the department that it will provide the necessary resources and that the prescribed consultation processes will take place in accordance with the amended Schools’ Act.

“What could have been a model for the Constitution’s vision for public schools is now just another example of abuse of power, a disregard of learners’ constitutional rights, and the contempt with which SGBs are treated.” Deacon says several landmark court judgements serve as evidence of FEDSAS’s commitment to quality education in public schools. “We prefer to work together but we will not hesitate to point out the weak links in the education chain.”