The Western Cape High Court rejected an application to halt the renaming of Hoërskool DF Malan in Bellville.
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In 2021, the school’s governing body (SGB) decided to reconsider the symbols, which include the name of the school, in response to letters calling for a name change in light of its history.
Initially known as Bellville Secondary School, Hoërskool DF Malan was established in 1954 and operated from the building that now serves as the Bellville Police Station.
The Afrikaans medium public school was named after Dr Daniel Francois Malan, the fourth prime minister of South Africa, who served from 1948 to 1954. During this time, Malan enforced the policy of apartheid.
Members of the Trots DF Malan Facebook group launched a formal review application in December 2021 in response to the SGB’s decision. While the SGB opposed the application, the Western Cape Minister of Education did not.
The application seeks the following:
- That the SGB’s decision to change the name from Die DF Malan Hoerskool to DF Akademie, alternatively to any other name, be reviewed and set aside;
- Insofar as it is necessary, that the period of 180 days referred to in section 7 (1) of PAJA be extended in terms of section 9 of PAJA, to include the date of institution of this application;
- That this Court grant the applicants such alternative relief as may be deemed fit;
- That the costs of the application be paid by the SGB, jointly and severally with any other party opposing the application.
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In his judgement, Western Cape High Court Judge Robert Henney noted that it is not surprising that people would demand a name change.
‘Given the fact that the school was named after Dr DF Malan, who can be regarded as one of the architects of apartheid, it is not surprising that the retention of such [a] name would come under political scrutiny in a post-apartheid era and that people would demand a name change, and in my view, rightly so. It is for these reasons that the SGB decided to re-consider the symbols of the school, which included the name of the school. Aggrieved by this decision the applicants launched this application to review and set aside the decision by the SGB.’
He added that although the Schools Act does not grant an SGB the power to change a school’s name, they can in terms of Section 20(1) of the Schools Act which outlines the functions of a governing body:
- Promote the best interests of the school and strive to ensure its development through the provision of quality education for all learners at the school;
- Adopt a constitution;
- Develop a mission statement for the school;
- Adopt a code of conduct.
‘In my view, all these functions place the governing body in a fiduciary duty towards the school and to act in the best interest of the school as pointed [out] by the SGB. Their power to change the name of the school is derived from these provisions,’ says Henney.
The court ultimately found that the SGB followed a fair administrative procedure, in which 626 participants were requested to propose a name change and 301 opposed.
It also found that the applicants failed to show that they were entitled to the relief sought and to have the decision of the SGB change the name of the public school.
To this end, the court dismissed the application with costs.
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Picture: Hoërskool DF Malan / Facebook