Girls’ High loses court bid to access racism probe report
Judges dismissed the school governing body’s attempt to obtain an internal report, urging proper legal processes and renewed collaboration with the education department.
The Gauteng Department of Education (GDE) has welcomed a High Court judgment dismissing the Pretoria High School for Girls school governing body’s (SGB) interim bid to access an internal investigation report.
The report was compiled following allegations of racism involving learners at the school.
GDE spokesperson Steve Mabona said the ruling brings clarity and shifts attention back to transformation, good governance, and learner well-being.
“The SGB sought access to the report as part of an ongoing judicial review, arguing that it was essential to their case.
However, the court found that the report does not form part of the decision-making record required under Rule 53 of the court rules.”
Mabona said instead, it held that the document falls under the Promotion of Access to Information Act (PAIA), which provides a designated process for requesting government-held records.
He added that in its judgment, the court warned against what it described as ‘forum shopping’, using the courts to obtain information that should be accessed through PAIA.
It stated that the SGB ‘is not entitled to a dual process of access to information’, noting that extensive summaries of the report were already available to the governing body.
The court also said that the SGB’s attempt appeared aimed at ‘self-gratification’ rather than necessity, describing the move as an abuse of court processes.
Mabona said the ruling allows all parties to redirect their focus to the needs of the school.
“We welcome the court’s decision because it affirms proper legal processes and gives everyone space to prioritise what really matters: the development of learners, a safe environment, and the ongoing transformation of Pretoria High School for Girls,” he said.
He encouraged the SGB to work with the GDE in strengthening governance and ensuring the school functions smoothly.
Mabona added that many disputes raised by the SGB could be resolved through co-operation rather than litigation.
“The department maintains it is committed to supporting the school as it works toward inclusivity, stability, and excellence, emphasising that the judgment should serve as a platform for renewed collaboration rather than conflict.”
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