The court judgment found that the SGB had attempted to obtain the records using the wrong legal mechanism.
The Gauteng Department of Education (GDE) has welcomed a Pretoria High Court judgment that dismissed the Pretoria High School for Girls school governing body’s (SGB) application to access an investigation report linked to racism allegations at the school.
The department said the ruling provides much-needed clarity and allows all parties to shift their focus back to pupils’ well-being.
Court dismisses SGB’s bid for report
The SGB recently approached the court seeking access to a GDE-commissioned investigation report, arguing it was essential for its judicial review case.
The report was produced after allegations of racism involving pupils surfaced at the school.
However, the court ruled on Wednesday that the document does not fall under Rule 53, which only applies to records showing the decision-making process in judicial review matters.
“The Pretoria High Court dismissed the SGB’s interim request to access the department’s investigation report,” stated the GDE on Friday.
The judgment further found that the SGB had used the incorrect legal mechanism to obtain the records.
The department said the court “emphasised that the proper way to request such information is through the Promotion of Access to Information Act (PAIA)”.
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Court warns against ‘forum shopping’
The high court criticised the SGB’s approach, describing its attempt to access the report through the courts as “forum shopping”.
The term refers to taking an alternative legal route to achieve the same outcome rather than using the prescribed process.
The GDE welcomed the court’s ruling, saying, “We are pleased that the court has clarified the situation, allowing everyone to move forward and focus on what matters most: the development of the pupils and the school.”
Calls for cooperation
The department urged the SGB to refocus its efforts on good governance and transformation.
“We encourage the SGB to focus on strengthening governance, ensuring the school functions smoothly, and creating a safe and supportive environment where all pupils can thrive,” the GDE said.
It added that many disputes could be resolved amicably through cooperation rather than court battles.
“The department also wishes to emphasise that many issues can be resolved amicably through dialogue and cooperation, without the need for court proceedings.”
The GDE reiterated its commitment to supporting the school “on its journey toward transformation, stability, and excellence”, aiming to foster “a culture rooted in fairness, respect, and dignity for every pupil”.
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