Cape Town – The School Governing Body (SGB) of Brackenfell High School has failed in its bid to obtain an urgent court interdict in the Western Cape High Court to prohibit the EFF from holding any further protests outside the school.
The EFF opposed the application.
The legal action on Tuesday followed a clash between EFF members and residents outside the school over a private matric function that was attended by white pupils and their parents.
SGB legal representative advocate 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 school acknowledged the right to protest, but complained it had deterred the right to education.
The SGB asked the court to prohibit the EFF from protesting in various main roads leading to the school, including:
- Brackenfell Boulevard (M100)
- Okavango Road (M37)
- Frans Conradie (M25)
- Kruispad
The matter was heard before Judge Siraj Desai, who said: “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 it wouldn’t impede on the current exams held at the school.
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.
#Brackenfell Legal Representative for the @EFFSouthAfrica says the party wants to engage with the school and practice their constituent right. @IOL @TheCapeArgus
— Marvin Charles (@MarvinCharles_) November 10, 2020
#Brackenfell Judge Desai tells the SGB that they are in no position to dictate where people can and cannot protest. @IOL @TheCapeArgus
— Marvin Charles (@MarvinCharles_) November 10, 2020
#BREAKING Judge Desai postpones the matter till Monday for papers to be filed by Friday. @IOL @TheCapeArgus
— Marvin Charles (@MarvinCharles_) November 10, 2020
Cape Argus