CCT40/09

[2009] ZACC 32

2010 (2) SA 415 (CC)

2010 (3) BCLR 177 (CC)

Moseneke DCJ

20 August 2009

14 October 2009

http://hdl.handle.net/20.500.12144/3584

Application for leave to appeal against a judgment of the SCA: Hoeerskool Ermelo and Another v Head, Department of Education, Mpumalanga, and Others 2009 (3) SA 422 (SCA). The case was previously heard in the Pretoria High Court: High School Ermelo v Head of Department of Education, Mpumalanga and Others Case No 3062/07, 17 October 2007, unreported

Appeal against an order finding that the Head of Department had acted unlawfully in withdrawing the function of the school governing body to determine the school’s language policy and appointing an interim committee to perform the function. The withdrawal was motivated by Hoërskool Ermelo’s alleged refusal to change its single-medium Afrikaans language policy despite a shortage of English-medium schooling in the area. The Court held that section 29(2) of the Constitution read with section 22 of the South African Schools Act empowers the Head of Department to withdraw the school governing body’s function to determine language policy. It was incorrect for the Head of Department to invoke section 25 of Schools Act in appointing an interim committee to determine the function; the Head of Department’s actions therefore lacked lawful basis. The Court however emphasised the need to ensure that the constitutional rights to education and to be taught in an official language of one’s choice are properly protected. Accordingly, the Court ordered the school to revisit its language policy in the light of the judgment, and to report to the Court. The Head of Department was ordered to report to the Court on the steps being taken to ensure that there are sufficient places for grade 8 English learners in the area at the start of 2010. Judgment: Moseneke DCJ (unanimous).