Education experts hail DF Malan ruling as victory for school autonomy

Education experts are celebrating the Supreme Court of Appeal’s landmark ruling in the DF Malan High School case, describing it as a decisive victory that strengthens school governing bodies’ authority to shed apartheid-era symbols and transform their institutional identities.

The judgment, passed down on 4 June, which dismissed an appeal seeking to prevent the school from changing its name to DF Akademie, has been praised by education specialists as a precedent-setting decision that empowers school communities while establishing clear guidelines for institutional transformation.

“The judgement strengthens the school governing bodies to have the autonomy they need to make decisions about renaming schools, as long as they follow a fair and consultative process. This ruling sets a precedent for other schools,” said education expert Hendricks Makatena.

Rautenbach & Others v The Governing Body of die Hoërskool DF Malan & Another (073/2024) [2025] ZASCA 78 (4 June 2025)
Today the Supreme Court of Appeal (the SCA) handed down judgment, dismissing an appeal against an order granted in the Western Cape Division of the High Court. pic.twitter.com/E8nuqkVuBT

— Supreme Court of Appeal ZA (@SCA_ZA) June 4, 2025

Experts see broader implications for school governance

Professor Brahm Fleisch, another education expert, emphasised the judgment’s significance in reinforcing democratic school governance at a time when there are concerns about legislative changes undermining governing body roles.

“I think that in many respects, it’s an important judgement because it says that communities have a very significant say in shaping their own institutions, the values and the vision of the institution,” Fleisch said.

“I think this judgment essentially reminds us that South Africa continues to have a very significant piece of legislation which grants real decision-making power to school governing bodies,” he added.

Makatena noted that the Supreme Court’s interpretation reveals greater autonomy than previously understood.

“SCA’s interpretation of the Schools Act‘s provisions on governance suggests that school governing bodies have more autonomy than previously thought. The court’s ruling that the governing body has the implied power to change the school’s name empowers schools to take ownership of their decisions.”

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Fleisch highlighted how the court’s reliance on constitutional principles strengthened the foundation of the judgment.

The expert emphasised that the decision aligns with constitutional values of human dignity, equality, and freedom, making it consistent with the principle of “an open and democratic society based on human dignity, equality, and freedom”.

Process creates template for future cases

Education specialists see the ruling as establishing a clear roadmap for other schools considering similar transformations.

Fleisch explained that “the judgement officially created a process and logic of reasoning should this issue occur in any other school… basically what the judgement does is it provides the rationale, and the overall logic that would need to be followed if another school wanted to change its name.”

Makatena predicted the judgment will influence how institutions approach change: “The judgement may influence schools to approach renaming or revising symbols with caution, ensuring that they engage in comprehensive consultation processes and consider the impact on their communities. Schools may prioritise contextual understanding and stakeholder engagement when making decisions about their names and symbols.”

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External facilitation model endorsed

The experts praised the use of independent facilitation in the DF Malan case, with Makatena noting that “usually, external facilitators bring knowledge and skills to manage complex decision-making processes.”

He added that “bringing in an external facilitator particularly facilitated that trusted by all parties is often away which potential disagreement can get resolved amicably.”

This approach, overseen by experienced mediator Di Jan Frederick Marais, included group discussions focused on the school’s identity and core values, leading to the May 2021 decision that the original name conflicted with the school’s Christian ethos and inclusivity policy.

Procedural fairness standards clarified

Addressing concerns about consultation processes, Makatena emphasised that “the court’s finding confirms that schools should prioritise transparency and fairness when making decisions that affect their communities.”

The Supreme Court found that minimum requirements under the Promotion of Administrative Justice Act were met through detailed stakeholder invitations, unbiased facilitation, and broad community engagement.

The court’s acceptance of the “saturation point” approach, where consultation ended when no new perspectives emerged, provides guidance for future processes while ensuring comprehensive community input.

Message to educational institutions

Education experts believe the ruling sends a powerful message about institutional reflection and transformation.

“This judgement sends a message to schools and educators about the importance of reflecting on their institutional identities and values,” Makatena observed.

Fleisch described the name change as representing a careful balance between preservation and modernisation: “The decision about the school name is an attempt on the part of the school governing body to preserve the legacy of the school and the memory and the communities reputation of school.

“The school was trying very hard to find a mechanism of preserving the community and belief and commitment to the school, but also to modernise the school name in a way that addresses some of the most egregious parts of the historical name of the school.”

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Impact on decolonisation discourse

The experts see the judgment as contributing positively to broader educational transformation efforts.

“The judgement contributes positively to the discourse about decolonisation,” Makatena concluded, while Fleisch noted that the decision reinforces the importance of schools being “mindful of the context and changing context within school.”

DF Malan school case background

The Supreme Court of Appeal dismissed an appeal by four parents who challenged the school governing body’s authority to rename DF Malan High School, which had borne the name of the apartheid architect since its establishment in 1954.

The court found that governing bodies possess implied power under the South African Schools Act to rename schools, and that the consultative process met all procedural requirements.

The ruling, delivered with costs including expenses for two counsel, establishes that school communities have the democratic authority to transform their institutional identities while following fair and comprehensive consultation processes.

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