Pretoria - North Gauteng High Court Judge Bill Prinsloo has ruled that the matter between the Gauteng Department of Education and Hoërskool Overvaal is indeed urgent.
This after State appealed for the matter to be heard in the normal court.
State advocate Kumbirai Thoma appealed to the court to strike the matter off the roll and for the learners to be placed at the school pending the outcome of the case.
Thoma said the 55 English speaking learners the Department wanted to place at the school posed no threat to school governing body.
He said: “The Department has already procured furniture and learning material for the learners. They have also sourced teachers.”
However Prinsloo raised concerns about what would happen to the learners if the school's bid was successful in the normal court.
Prinsloo said: “What is to happen to the children when after three or six months later the should the court decides that the departments bid is invalid? We need to take into consideration that schools are opening in a few days time.”
To which Thoma replied that it would be an unfortunate situation.
Hoërskool Overvaal dragged the department to court on Tuesday after it sought to have an additional 55 English learners admitted to the school despite it being a single-medium school.
The State also took time to plead with the court to submit additional affidavits in response to the school's letters.
However Prinsloo said that the affidavits must be submitted by 12 noon and the school's replying affidavits to be completed and given to the court by 2pm.
The matter is still to continue after a short adjournment.