North Gauteng High Court Judge Bill Prinsloo's judgment on Hoërskool Overvaal, if not challenged, would entrench the old segregated apartheid education system, the African National Congress Youth League (ANCYL) said on Wednesday.
In a statement, the ANCYL's Mlondi Mkhize said Prinsloo's judgment was an attack on the government’s effort to build a single, democratic, non-racial and non-sexist public education system.
"The ruling is a clear demonstration that some untransformed judges, still craving for the old apartheid order, are abusing their influence or positions in the judiciary to undermine the radical transformation agenda as advanced by the ANC."
News24 earlier reported that the Department of Education had attempted to have 55 pupils placed at the school. They were to be taught in English. The school went to court to challenge the decision.
On Monday, Prinsloo set aside the department’s decision to admit the 55 pupils, saying that the school had no capacity to take the pupils, let alone to do so on such short notice, and to effectively convert to a dual-medium school.
The youth league also applauded Gauteng Education MEC Panyaza Lesufi for indicating his intent to appeal the ruling.
"The ANCYL will seek a bilateral with the Minister of Basic Education Angie Motshekga, with a view to consider amending the South African Schools Act (SASA) in order for the Minister of Basic Education, as a custodian of public schooling, is democratically empowered to determine admission and language policy for all public schools in South Africa," he said.
Some Economic Freedom Fighters (EFF) members and a parent were involved in a brawl during a protest outside Hoërskool Overvaal on the first day of school.
Members of the EFF said black children in Vereeniging were being discriminated against at the school because of Afrikaans.
Disgruntled EFF and ANC supporters gathered outside the school.
"We cannot, and we will never, permit the minority to disadvantage the majority. We cannot undermine the rights of the majority in order to appease the minority. Already Afrikaners have Orania. If we don’t wake up and defend ourselves against these things, the country will be back in their hands again," Mkhize added.
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