Ermelo ordered to review language policy

Deputy Chief Justice Dikgang Moseneke observed that there are at least two reasons why the governing body should revisit its language policy. First, the school argument that it is entitled to determine a language policy having regard only to the interests of its learners and of the school without considering the interests of the community in which the school is located and the needs of other learners is not consistent with provisions of the Constitution and the Schools Act. A school is obliged to exercise its power to select a language policy in a manner that takes on board the provisions of section 29(2) of the Constitution, and of section 6(2) of the Schools Act and of the norms and standards prescribed by the Minister. Second, at the very least, in reassessing its language policy, the governing body must have regard to its dwindling enrolment numbers, the court noted. It must act, recognising that there is a great demand for the admission of grade 8 learners who prefer the English medium of instruction.

The court also found that the Head of Department's (HoD) decision to appoint an interim committee to determine the school's language policy was unlawful. It held that the HoD failed to distinguish the power given to him under section 22 (of the Schools Act) from the power given to him under section 25. In short, in appointing the committee to determine the school language policy, the HoD acted without the necessary legal power to do so. Consequently, the withdrawal of the function, the appointment of the committee and the subsequent alteration of the schools language policy were unlawful and were set aside. The court concluded that it was just and equitable to make an order requiring the HoD to file within a fixed period a report to the Constitutional Court setting out the likely demand for grade 8 English places at the beginning of 2010 and setting out the steps that the department has taken to satisfy this likely demand for an English or parallel medium high school in the circuit of Ermelo. Judgment

The ruling, which also ordered the government to foot the legal bills, was welcomed by the former chair of Hoërskool Ermelo's governing body, Johan Ernst. 'I think it is a fair ruling ... We are open to talk to all parties. We've always been open to talk but they tried to force their wishes upon us,' Ernst said. 'This ruling is a victory for all school governing bodies because it places all parties on an equal level.' Currently, the school is teaching in both English and Afrikaans, notes a Mail & Guardian Online report. 'Times are changing and we do not consider this ruling to be negative,' added Ernst. The school governing body must report back to the Constitutional Court on the review of its language policy by 16 November 2009. Full Mail & Guardian Online report

However, there was a mixed response from political parties. A Cape Times report quotes the DA as saying the ruling was a victory for mother-tongue education and particularly for Afrikaans as a medium of instruction. 'The DA calls on the MEC, HOD and education officials to call off the witch-hunt on Afrikaans as a medium of instruction,' spokesperson Anthony Benadie said. He said the department should abandon all legal proceedings and disciplinary hearings and all pending cases against former school principal Koos Kruger. The Christian Democratic Alliance said the judgment was in line with its principle that schools should rather be extensions of the family than the government. However, the Freedom Front Plus said it was disappointed by the ruling that a provincial department may set the language policy of a school if the right procedures are followed, notes a Beeld report. 'The ruling that the interests of a school community weighs heavier than those of the pupils of a cultural group within the school's community means in practice that no single medium Afrikaans schools can exist.' Chris Klopper of the SA Educators Union said they were carefully optimistic about the judgment. 'The powers and rights of governing bodies have been confirmed and we are glad that the principle was maintained that the department shouldn't interfere unnecessarily with a school's affairs'. Full Beeld report Full Cape Times report (subscription needed)