The Western Cape education minister was not interfering with the language policy of Mikro Primary School, the Supreme Court of Appeal was told on Monday.
The provincial minister has appealed against a Cape High Court judgement in favour of the school in Kuilsriver, Cape Town, after the Mikro school governing body refused to admit about 40 grade-one pupils, even when the department directed it to do so.
Mikro’s refusal was based on the argument that admitting the pupils would be against its language policy, which gives preference to Afrikaans.
Norman Arendse, lawyer for the department, submitted that the department’s directive to admit the pupils to be taught in English was not threatening the school’s Afrikaans status.
”All the remaining children get taught in the language of preference [Afrikaans]. Those rights are not violated; they can carry on,” Arendse said.
He said that there is nothing unconstitutional or unlawful about a provincial minister requesting a school to teach pupils in a certain language.
Arendse also argued that the school’s language policy could also be in contradiction with the Constitution. According to the Constitution, everyone should be educated in their language of choice.
Although the Schools Act gives school governing bodies powers to determine admission policy, these policies should be in line with the Constitution, Arendse said.
The case continues. — Sapa