- Equal Education Law Centre welcomed the ruling as a victory for child participation and children’s rights.
- The court ordered that 78 English medium learners remain at Swartruggens Gekombineerde Skool while safety risks are addressed.
- The judgment held that children directly affected by education decisions must be properly heard.
The Equal Education Law Centre has welcomed the ruling of the High Court in the North West that kept 78 English learners at Swartruggens Gekombineerde Skool, an Afrikaans medium public school.
The organisation says the judgment affirmed the importance of including children’s voices in decisions that directly affect them.
Swartruggens Gekombineerde Skool and its governing body challenged the placement of 78 English medium learners at the school for the 2026 academic year.
The school raised concerns about structural defects, sanitation problems, strained infrastructure, and the safety of accommodating the learners. It also argued that its statutory powers over admissions and language policy were being undermined.
Learners and families brought into the case
Admitted as a friend of the court, the Equal Education Law Centre raised concern that the affected learners and their parents or guardians had not been meaningfully included in the proceedings, despite being directly affected by any order to remove the children from the school.
Following that intervention, the court allowed the organisation to consult directly with the learners and their families. The organisation later reported that many families only became aware of the proceedings through this engagement.
Acting Judge M Wessels said, “The parents and guardians of the 78 learners are directly affected by these proceedings. An order removing their children from the school would have a profound impact on their family lives and their children’s education.”
Judge Wessels further held, “The principle of audi alteram partem requires that they be given a proper opportunity to be heard.”
Court rejects removal and orders intervention
Although the court accepted that safety concerns at the school required urgent attention, it found that removing the learners was not the appropriate remedy. Instead, the court held that the department has a legal obligation to provide the resources necessary to accommodate the learners safely and effectively.
Judge Wessels said, “The solution lies not in removing the learners but in compelling the department to take immediate steps to address the safety risks.”
The court issued a structural interdict requiring the North West Department of Education to conduct a joint assessment of infrastructure, prepare a written support plan, remedy urgent safety, sanitation and hygiene-related deficiencies, provide staffing and educational support resources, and file progress reports under oath with the court.
Best interests of children central to ruling
In welcoming the outcome, the Equal Education Law Centre said, “This judgment affirms the fundamental importance of child participation, particularly in matters and decisions that directly affect children.”
The organisation added, “Decisions with implications for children and learners’ right to access basic education must meaningfully take into account the voices, experiences, and best interests of the children concerned.”
The court’s order keeps the 78 English medium learners at Swartruggens Gekombineerde Skool pending the final determination of the review proceedings, while placing the department under judicial supervision to address infrastructure, safety, and resource needs identified in the case.
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