The School Governing Body (SGB) of Brackenfell High School has failed in its bid to obtain an urgent court interdict to stop the EFF from holding any further protests outside the school.
The legal action in the Western Cape High Court on Tuesday followed a clash between the party’s members and residents outside the school over a private matric function that was attended by white pupils only.
SGB legal representative Marius Verster said: “We need interim protection in the matter. We recognise that it is a constitutional right, but we believe that the demonstrations can be carried out somewhere else without disrupting the school. There are many places where they can continue the demonstrations.”
His submission stated: “It is very urgent that the relief claimed by the applicant (the SGB) is granted. The applicant seeks urgent interim relief in order to ensure not only the safety of learners, but also in order to provide a calm atmosphere during a very sensitive stage in their lives, namely their final school examinations.”
The SGB asked the court to prohibit the EFF from protesting in main roads leading to the school, including: Brackenfell Boulevard (M100); Okavango Road (M37); Frans Conradie (M25); and Kruispad.
Judge Siraj Desai rejected the application, saying: “The right to free assembly is fundamental. The issue is contentious as is. If the school was segregated, it is so repugnant that the protest is legitimate.”
Judge Desai accepted the undertaking from the EFF that it wouldn’t disrupt exams.
The EFF’s legal representative, Deneys van Reenen, said: “The party wants to engage with the school and practise their constitutional rights.”
No urgent interdict was granted, and the application was postponed until Monday to allow the EFF to file its papers on Friday.
Cape Argus