An urgent interim court interdict has halted a decision by the Head of Education in the North-West to amend the language and admissions policies of the Swartruggens Gekombineerde Skool.

Earlier this year, just two days before the start of the school year, the school was informed that the North-West Education Department had placed 78 additional learners at the school during the December school holiday. This decision was taken without any prior consultation as stipulated by the amended Schools’ Act and without providing the school with any additional resources.

In reaction, the school governing body organisation FEDSAS supported the Swartruggens Gekombineerde Skool’s SGB with an urgent court application in which the court was asked to order the provincial education department to adhere to its constitutional and statutory obligations before the school could start the process to admit additional learners.

“This is a strong first victory in the case. The Schools’ Act clearly stipulates that language and admissions policies are the function of a school governing body. This court ruling is an important confirmation that a provincial head of education may not unilaterally amend or circumvent school policy,” says Dr Jaco Deacon, CEO of FEDSAS. 

Deacon says the ruling makes it clear that amendments to a school’s language or admissions policies have no legal effect unless and until such an amendment has been formally adopted by the SGB in accordance with the Schools’ Act.

The court also ordered the North-West Education Department to provide the school with immediate infrastructure, staff, safety, and other support for the temporary accommodation of the additional learners.

“The ruling is of special importance since the court did not only grant temporary protection but also gave a strong interdict that obliges the provincial education department to act as a matter of urgency,” says Dr Juané van der Merwe-Mocke, Deputy CEO of FEDSAS and the organisation’s Head of Legal Services.

The Swartruggens Gekombineerde Skool is an Afrikaans single-medium school but the school and the SGB were willing to consider admitting the English-medium learners on condition that the provincial education department confirm in writing that the necessary resources would be provided and that the prescribed consultation processes would take place in accordance with the amended Schools’ Act.

One of the challenges is that the school has reached its authorised capacity. To compound matters further, an independent infrastructure and safety report highlighted serious issues with infrastructure, especially with the school hall.

“The school hall is partly wooden and in poor condition. The additional learners are currently accommodated in the school hall, and the court has pointed out that this holds an immediate threat to their safety,” says Van der Merwe-Mocke. 

The North-West Education Department was ordered to provide the necessary infrastructure and other support at no cost to the school. The court also maintained supervisory jurisdiction and the provincial education department is required to report to the court on its progress within specific timeframes.

Van der Merwe-Mocke says although the 78 learners will remain at the school for now the court has made it clear that the provincial education department may not simply place learners at a school. “Proper planning, sufficient resources, safe infrastructure and respect for the school’s capacity and statutory role should be considered.”

The second part of the court application will be heard before court on a later date. “In Part B the SGB is asking for the order review and setting aside of the decision to place the learners at the school. Further arguments about costs will also be heard. A punitive cost order was requested against the North-West Head of Education in their personal capacity. The principle is simple: children, schools and taxpayers should not be forced to foot the bill for the negligent, unreasonable, or reckless actions of government officials,” says Van der Merwe-Mocke.

According to Deacon, the court order sends a clear message that the State can and must be held accountable when it fails to meet its constitutional and statutory obligations. 

“It confirms a broader principle in education: accountable State action, proper planning, and respect for the statutory role of SGBs are non-negotiable. Schools and SGBs are entitled to protection where departments act unilaterally without sufficient consideration of capacity, safety, and resources.”

Deacon says the court order is also a big victory for children. “It confirms that the best interests of children are not served by hasty, unilateral, or poorly planned decisions but by safe, orderly, and legitimate school governance.”