Hoërskool Ermelo and Another v Head of Department of Education: Mpumalanga and Others (219/2008) [2009] ZASCA 22; 2009 (3) SA 422 (SCA) ; [2009] 3 All SA 386 (SCA) (27 March 2009)

Hoërskool Ermelo and Another v Head of Department of Education: Mpumalanga and Others (219/2008) [2009] ZASCA 22; 2009 (3) SA 422 (SCA) ; [2009] 3 All SA 386 (SCA) (27 March 2009)

The Supreme Court of Appeal held that the governing body of Hoërskool Ermelo had the exclusive statutory function to determine the school's language policy. The Head of Department's withdrawal of this function and appointment of an interim committee were unlawful, as sections 22 and 25 of the South African Schools Act do not empower the department to intervene in this manner when the governing body is operational and performing its functions. The court found that the department's dissatisfaction with the governing body's decision did not constitute grounds for withdrawal or appointment under the Act. The process followed by the department failed to comply with the requirements of the...

Citation
[2009] ZASCA 22
Parties
Appellant: Hoërskool Ermelo; Appellant: School Governing Body of Hoërskool Ermelo; Respondent: Head of Department of Education: Mpumalanga; Respondent: J Khudaija; Respondent: D Munera; Respondent: E Ayoob; Respondent: C van Greunen; Respondent: Q Nqele; Respondent: J Kruger; Respondent: Minister of Education; Respondent: N M Masilela
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 March 2009
Case Number
219/2008
Procedural Posture
Civil Appeal / Appeal From High Court, Pretoria
Outcome
Appeal upheld. The order of the court a quo is set aside and replaced.
Judges
Harms, Brand, Cloete, Ponnan, Snyders
Legal Topics
School Governance, Language Policy, Principle of Legality, Review of Administrative Action, South African Schools Act, Promotion of Administrative Justice Act
Administrative Law Civil Procedure Family and Children School Governance Language Policy Principle of Legality Review of Administrative Action South African Schools Act +1 more

Case Brief

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Parties

Hoërskool Ermelo

Appellant

School Governing Body of Hoërskool Ermelo

Appellant

Head of Department of Education: Mpumalanga

Respondent

J Khudaija

Respondent

D Munera

Respondent

E Ayoob

Respondent

C van Greunen

Respondent

Q Nqele

Respondent

J Kruger

Respondent

Minister of Education

Respondent

N M Masilela

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Pretoria

Legal Issues

  1. 1 Whether the Head of Department of Education lawfully withdrew the governing body's function to determine the school's language policy.
  2. 2 Whether the appointment of an interim committee to amend the language policy was valid under the South African Schools Act.
  3. 3 Whether the decisions taken by the interim committee were lawful and valid.

Ratio Decidendi

The Supreme Court of Appeal held that the governing body of Hoërskool Ermelo had the exclusive statutory function to determine the school's language policy. The Head of Department's withdrawal of this function and appointment of an interim committee were unlawful, as sections 22 and 25 of the South African Schools Act do not empower the department to intervene in this manner when the governing body is operational and performing its functions. The court found that the department's dissatisfaction with the governing body's decision did not constitute grounds for withdrawal or appointment under the Act. The process followed by the department failed to comply with the requirements of the...

Court Disposition

Appeal upheld. The order of the court a quo is set aside and replaced.

Orders

  • The first respondent's decision to withdraw the function of the governing body of Hoërskool Ermelo to determine the language policy is set aside.
  • The first respondent's decision to appoint an interim committee to perform the function of the governing body to determine the language policy is set aside.