Gauteng education MEC Panyaza Lesufi ignored the Constitution when he turned the Hoërskool Overvaal wrangle into a racial drama with inflammatory statements like, "There is no racist that can hide behind a broomstick." As battles rage along racial lines outside the school in Vereeniging‚ it is worth noting what Constitutional Court judgments have said about the fight between parents and provincial education departments over school admissions. The same point is always made: parents and government need to work together. The phrase‚ work in a spirit of "co-operative governance"‚ is used again and again by the Constitutional Court in its judgments on school admission policies. The other point often made is that government departments‚ even when correct‚ have to be "procedurally fair" and "lawful" when overriding school governing bodies. The Rivonia Constitutional Court judgment summarises three similar cases. Lesufi should therefore have known he had no chance of telling a school to tak...

Subscribe now to unlock this article.

Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).

There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.

Cancel anytime.

Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.