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The Higher Education Transformation Network (HETN) hereby notes with regret, the judgement by the South Gauteng High Court against the Gauteng Department of Education (GDE) on the utilization of dual language media of instruction at South African schools.

The decision of the South Gauteng High Court is inconsistent with the principles of Section 4 of the Constitution, the Education White Paper of 1997 that states that education needs to promote fair equity of access to all learners who are seeking to realise their academic potential while eradicating all forms of unfair discrimination.

We condemn the judgement by High Court Judge Charles Wright that schools should continue with the same admission criteria they are currently as the current admission criteria are motivated by amongst others racism and entrenched exclusion of pupils from poorer social backgrounds under the guise of language considerations. It needs to be strongly emphasized that judges as human beings are inherently fallible and their decisions are influenced by their ideological perspectives, preferences on law, political governance, social backgrounds and upbringing.

Contrary to promoting the interests of a unified South African society to advance economic prosperity and fight poverty, FEDSAS, alongside Solidariteit and its chick Afriforum, are playing a divisive nefarious role by seeking to entrench the exclusion of blacks from the basic education sector.

We support the decision of the Gauteng MEC of Education, Hon Panyaza Lesufi to appeal the judgement and do not rule out legal action as amicus curiae on the matter. School Governing Bodies cannot be allowed to operate as multiple unregulated fiefdoms and havens of racism with an oligarchy of parents operating free from censure, transparency and accountability for their decisions and actions.

The Network will continue enforcing its constitutional rights of poor disadvantaged communities so that children emanating from poor marginalized communities should not be excluded from accessing higher quality education due to racism and selfish language considerations.

We believe that the Constitutional Court will uphold justice on the Gauteng Department of Education’s appeal on the matter as racism and other forms of discrimination are totally unacceptable and lie contrary to Section 9 of the Constitution of the Republic of South Africa.

Issued by The Education Transformation Network