The Supreme Court of Appeal of South Africa has reaffirmed that public institutions have the authority to reconsider their names as societal values evolve.
The court dismissed the appeal in Rautenbach and Others v The Governing Body of die Hoërskool DF Malan on the school’s controversial name, which bore the legacy of one of apartheid's architects.
Judge JA Smith, delivering the judgment on 4 June 2025, remarked: “A public institution’s name often says more about its identity, ethos, and culture than its written mission statement. This is even more so when the institution is named after a controversial historical figure. It is thus unfortunate that, more than three decades into our constitutional democracy, some public institutions still bear the names of individuals who played pivotal roles in the development or implementation of the universally deprecated apartheid ideology.”
A school’s identity reimagined
DF Malan High School in Bellville, Western Cape, faced mounting pressure to reconsider its name, as alumni and community members increasingly questioned its alignment with modern values. Recognising this shift, the governing body initiated a review process in May 2021, which ultimately led to the adoption of DF Akademie after extensive consultations and stakeholder engagement.
The school had been named after the South African politician who served as the fourth prime minister of South Africa from 1948 to 1954, during which the National Party implemented apartheid.
Following stakeholder discussions and an electronic vote held in October 2021, the new name was submitted to the Provincial Department of Education for confirmation to avoid duplication with existing institutional names.
Legal challenge and Supreme Court ruling
Opponents contended that the governing body exceeded its statutory authority under the South African Schools Act and had failed to ensure procedural fairness. However, the Supreme Court upheld the lower court’s ruling, stating that the governing body had both the authority and a fiduciary duty to align the school’s identity with contemporary values.
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