Hesewu and Another v School Governing Body, Sunningdale Primary School and Another (15908/2020) [2021] ZAWCHC 212 (26 October 2021)

Hesewu and Another v School Governing Body, Sunningdale Primary School and Another (15908/2020) [2021] ZAWCHC 212 (26 October 2021)

The court found that the admissions policy of Sunningdale Primary School, which gives preference to learners residing in Sunningdale and those with siblings at the school, is lawful, rational, and consistent with the Schools Act and constitutional principles. The governing body is empowered to determine admissions policy, including feeder zones, provided there is no unfair discrimination. The evidence did not support the applicants' allegations of indirect racial discrimination or exclusion, as admissions statistics showed significant integration and no material difference in the socio-economic or ethnic composition of the relevant areas. The applicants' challenge was found to be...

Citation
[2021] ZAWCHC 212
Parties
Applicant: Sango Melikhaya Hesewu; Applicant: Felicia Lenoholo Hesewu; Respondent: School Governing Body, Sunningdale Primary School; Respondent: Minister for Education: Western Cape
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
26 October 2021
Case Number
15908/2020
Procedural Posture
Review Application / Final Judgment After Hearing on Merits
Outcome
Application dismissed with costs awarded against the applicants.
Judges
Binns-Ward
Legal Topics
School Admissions Policy, Bill of Rights Limitation, Unfair Discrimination, Judicial Review, Public Interest Litigation
Constitutional Law Administrative Law Civil Procedure School Admissions Policy Bill of Rights Limitation Unfair Discrimination Judicial Review Public Interest Litigation

Case Brief

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Parties

Sango Melikhaya Hesewu

Applicant

Felicia Lenoholo Hesewu

Applicant

School Governing Body, Sunningdale Primary School

Respondent

Minister for Education: Western Cape

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the school governing body's admissions policy, which gives preference to learners residing in Sunningdale and/or with siblings at the school, is unconstitutional, unlawful, or invalid.
  2. 2 Whether the applicants' challenge to the admissions policy demonstrates unfair discrimination or indirect racial exclusion.
  3. 3 Whether the governing body has the legal authority to determine feeder zones as part of its admissions policy.

Ratio Decidendi

The court found that the admissions policy of Sunningdale Primary School, which gives preference to learners residing in Sunningdale and those with siblings at the school, is lawful, rational, and consistent with the Schools Act and constitutional principles. The governing body is empowered to determine admissions policy, including feeder zones, provided there is no unfair discrimination. The evidence did not support the applicants' allegations of indirect racial discrimination or exclusion, as admissions statistics showed significant integration and no material difference in the socio-economic or ethnic composition of the relevant areas. The applicants' challenge was found to be...

Court Disposition

Application dismissed with costs awarded against the applicants.

Orders

  • The application is dismissed.
  • The applicants are liable, jointly and severally, for the first respondent's costs of suit, including the wasted costs incurred in respect of the aborted enlistment of the application for hearing on 27 November 2020.