Top school wins appeal bid
Mbilwi rectifies wrong high court ruling about progressing failed pupils
A highly decorated Limpopo high school has won a landmark case in the Supreme Court of Appeal in Bloemfontein asserting its right not to progress failed pupils.
Mbilwi Secondary, located in Sibasa, Limpopo, has succeeded in overturning a high court ruling which the school said would set a “wrong precedent” for the entire education system.
In January 2015, the Limpopo High Court ruled in favour of a pupil whose father demanded that he be progressed to matric though he had failed Grade 11.
The pupil, who is named in court papers as OM, obtained an aggregate of 49.7% in his 2014 finals. But he failed mathematics and physical sciences, having achieved less than 30% in both.
His father, also only referred to by his initials, RM, then lodged a complaint with the school about his son’s retention.
When Mbilwi maintained OM had to repeat Grade 11, RM launched an urgent application at the high court.
The court ruled in his favour, stating the school had “flouted” the national policy “by not following correct procedures”.
But the Supreme Court of Appeal last week dismissed the ruling as “flawed”.
Judge Leona Theron said it was compulsory for a pupil who has failed once to repeat. The national progression policy dictates that a pupil may be progressed after a second failure.
Said Theron: “The high court was wrong in that it had simply interpreted the policy incorrectly.”
Although Mbilwi’s appeal risked being declared moot because the pupil in question has since matriculated, Theron said she decided to preside over the application because it had “precedent potential”.
“The decision in this appeal extends beyond the parties.”
Chairman of Mbilwi’s governing body Azwitamisi Nenungwi told Sowetan the school was happy it managed to overturn the high court ruling.
“We found the high court judgment unfair. It would set a wrong precedent where the school would be forced to do this thing all the time,” he said.
Nenungwi said the ruling had implications for the entire schooling system, not just Mbilwi, a school known for 100% matric pass rates.
But Ntuthuzo Ndzomo of Equal Education has cautioned against what the NGO calls the culling of pupils to prop up matric results.
“At the same time we’re not saying we’re pro-progression of learners,” Ndzomo said.