Judge rules for urgent school hearing

The Gauteng department of education has failed to convince the High Court in Pretoria to throw out‚ for lack of urgency‚ the Hoërskool Overvaal’s legal bid to prevent 55 pupils from attending the school.

The department had argued that the school would suffer no harm if the 55 Grade 8 pupils were admitted‚ saying the children posed no threat to the school governing body‚ which had brought the application on behalf of the Afrikaans-medium high school.

Counsel for the department Kumbirai Toma further argued‚ albeit in vain‚ that the department had put the necessary resources‚ English teachers and learning material in place.

“Everything that the (pupils) need has been provided … it is a sad scenario that the kids are denied access to the school‚” Toma said.

He said that the school governing body had also failed to give proper reasons as to why the review application could not be heard in a normal court.

EVERYTHING THAT THE PUPILS NEED HAS BEEN PROVIDED … IT IS A SAD SCENARIO THAT THEY ARE DENIED ACCESS

Counsel for the school Albert Lamey argued in reply that it was in the interests of the 55 pupils that the court hear the matter urgently. “Any delay is to their detriment‚” he said.

Judge Bill Prinsloo said that Toma had failed to make a case for lack of urgency‚ ruling that it would be heard as an urgent matter.

The Vereeniging Afrikaansmedium school approached the court to review and set aside the department’s instruction that the school admit the 55 pupils, despite the school’s insistence that it had no capacity to do so.

Judge Prinsloo indicated he would deliver judgment on the matter without delay‚ possibly by Friday.