Johannesburg – The Gauteng education department confirmed on Monday that it has filed papers in the Constitutional Court to appeal a decision by the High Court that Hoërskool Overvaal does not have capacity to enrol English-speaking pupils.
Provincial education spokesperson Steve Mabona confirmed on Monday afternoon that the department had filed its application to appeal the court's decision.
Last month, the North Gauteng High Court in Pretoria set aside a decision by the department to admit 55 pupils to be taught in English at Hoërskool Overvaal, an Afrikaans medium school.
The court found that the school did not have the capacity to admit additional pupils.
"The instruction by the district director of Sedibeng East to place further learners for enrolment is set aside," Judge Bill Prinsloo said.
"I find that on the probabilities the school has no capacity to receive the 55 English learners, let alone of such short notice and convert to a dual medium school," he said.
The decision by the court to set aside the decision and only allow Afrikaans-speaking pupils into the school was met with protests led by the EFF, ANC and the South African Democratic Teachers' Union.
The protests continued outside the premises as school started, with police having to disperse protesters with stun grenades and rubber bullets on multiple days.