Statement on the Cape High Court Judgement on the Matter Between the Governing Body of Mikro Primary School and the MEC for Education and the Western Cape Education Department

1. The MEC for Education Cameron Dugmore, the WCED, and indeed the whole of the Western Cape Provincial Government is deeply disappointed at the decision of the Court to set aside the decision of the MEC, and the Head of Department (HOD) of the WCED relating to the admission of 21 English-speaking learners to the Mikro Primary School. We are pleased however that the Court has ruled that the 21 learners continue to be accommodated at the school for the remainder of the year, alternatively until alternative accommodation is found by the WCED.

2. Although the Court's decision is a major setback as regards the implementation of a fair and equitable language policy, we are confident that this setback is only of a temporary nature. The MEC (and the WCED) will seek leave to appeal against the Court's decision directly to the Constitutional Court on an urgent basis, alternatively leave will be sought from the High Court to appeal to the Supreme Court of Appeal as soon as possible. We are confident that a case can be made out that it is in the interests of justice that the Constitutional Court hear this very important matter as soon as possible.

3. Indeed, out of some 1,471 primary schools in the Western Cape Province, about 704 are single Afrikaans-medium schools. This constitutes a disproportionate number of single Afrikaans-medium schools in relation to the demographic composition of the population in the Western Cape Province. Indeed, it is common cause in the Mikro case that the demographics have changed so dramatically in the Kuilsriver area, that the demand for English-speaking schools has far exceeded that of Afrikaans-speaking schools.

4. The MEC for Education and the HOD of the WCED have at all times treated this matter with the utmost care, and sensitivity, and have treated the community of Kuilsriver, the parents, and the relevant governing bodies with the utmost respect. Consultation took place as long ago as 2002 culminating in the HOD and MEC's decisions in December 2004 and January 2005, respectively, that Mikro admit the 21 English-speaking learners. The decisions were arrived at in a procedurally fair manner and with reference to the law, and the Constitution, which enjoins the WCED to find accommodation at a school for learners in the language of their choice at a school nearest to where they live. In this case, it is common cause that the overwhelming majority of the 21 learners live at or near the Mikro Primary School.

5. The MEC and the HOD of the WCED have accordingly instructed their legal representatives to immediately launch proceedings in the Constitutional Court, alternatively the Supreme Court of Appeal, with a view to overturning the decision of the Cape High Court given today, Friday, 18 February 2005.

For enquiries, contact Gert Witbooi:
cell: 082 550 3938
email: gwitbooi@pgwc.gov.za.