Court considers apartheid stigma in name change battle
A group of parents are taking the decision by Hoërskool DF Malan’s governing body to initiate a name-change process on review.
They say they were not properly consulted in the process to change the name after 70 years.
The Western Cape High Court Judge Robert Henney yesterday noted that the stigma of an apartheid-era name linked to the Cape Town school is an important consideration.
Die Burger reports that Henney said the Constitution should be at the forefront ‘and the school’s ethos must be aligned with the Constitution’.
Henney also said the court cannot ignore the governing body’s version that some learners are ashamed of the school’s name and its reflection on their CVs.
The Department of Basic Education in the Western Cape is the second respondent, but decided to abide by the court’s decision.
Henney said this is disappointing given the importance of the matter and the questions raised about the powers of school governing bodies and the government respectively in terms of the Schools Act.
The matter was postponed to 1 December 2022.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
