South Africa - Durban - 18 August 2022 - Education MEC Mbali Fraser visited Hillcrest High School following widespread reports of racial allegations among pupil in the school Picture; Doctor Ngcobo/African News Agency(ANA)
The governing body of a KwaZulu-Natal public school accused of “sweeping under the carpet” incidents of racial slurs has failed in court to block a Department of Education (DOE) investigation from taking place at the school.
Hillcrest High’s school governing body urgent application was heard in the Pietermaritzburg High Court on Tuesday, where they asked for the investigation to be conducted elsewhere and after school hours.
It emerged that the “K-word” and “N-word” were directed at black pupils by their white peers during WhatsApp exchanges, and leaked snippets appeared on social media platforms between June and October last year.
Judge Nkosinathi Chili, who presided over the matter, refused to grant the SGB any interim interdict and adjourned the matter sine die (indefinitely).
The investigation committee resumed their duties on Thursday.
Five white pupils attended a disciplinary hearing in June, which was handled by the school, and the offenders were suspended for two days.
But the penalty did not sit well with some pupils, who alerted the media.
They also revealed other acts of improper conduct that they were subjected to, which prompted a visit from newly appointed KZN Education MEC Mbali Frazer last month.
However, the school’s management was displeased with the apparent conduct of the Congress of South African Students (Cosas) and ANC Youth League members, who barged their way on site, which resulted in “chaos”.
A team of investigators was later assembled by the DOE to further probe racism at Hillcrest High.
They began their investigations on August 22 and continued the following day.
But the SGB was opposed to the investigation being held at the school, saying it disrupted learning, more especially with Cosas and ANCYL members protesting outside the school on both days (August 22 and 23).
After writing to the DOE about their dissatisfaction with the investigation being held at the school and not receiving the desired response, the SGB went to court.
The SGB, represented by advocate Casparus Pretorius SC, asked that the investigation be moved from the school and happen after 2.45pm, on weekdays.
Byron Creed, the SGB’s chairperson, said their biggest concern was the disruption it would cause.
Creed said that according to the SA Schools Act, the media, public and political representatives had the right to regulated school visits, but with no disruptions.
He said the four-member investigation team was appointed on August 19 but they only received notification four days later.
Included in the investigation team's mandate was establishing how the Hillcrest’s tribunal dealt with the case, steps taken by the school when it was reported, and to analyse submissions made by the five pupils who spoke to the MEC.
They had access to all buildings at the school, could inspect books and documents and interview pupils and others.
Creed said the “case of racism” came to their knowledge in June, when they convened a hearing and imposed sanctions on those implicated.
He said that the principal was informed a day prior about the MEC’s visit and was told it would be a “small meeting”, but realised it wasn’t after meeting with her head of security.
“There was no prior consideration regarding the impact the meeting would have on learning,” Creed said.
Cosas and ANCYL members slipped into the school with the MEC’s motorcade and journalists, Creed said.
When the gates were closed, supporters of the two bodies scaled walls, ran around the school premises and onto the sports field and chanted political slogans.
After a meeting with the principal, the MEC and her delegation engaged with pupils who wanted to address her.
She asked the school’s management to leave when she had discussions with the pupils, with some Cosas members and media present.
While the meeting proceeded, Creed said “havoc” was created by members of the two organisations, and pupils were kept in locked classrooms, which led to a “hugely disrupted” school day.
The MEC informed management that there was a “much bigger problem” and would sanction an inquiry.
School attendance dipped by 30% the next day, Creed said.
The school acceded to requests made by the investigation team.
The SGB sought legal advice and served letters to the MEC and investigation team, which outlined their concerns, disputed her right to conduct an investigation and emphasised that discipline at a public school was solely their right, according to the SASA Act.
They also requested the investigation be conducted elsewhere after hours, failing which, court action would be instituted.
Creed confirmed that they were not opposed to the investigation, just the venue and the time.
Advocate Dees Ramdhani SC, the legal representative of the respondents, provided affidavits from various DOE officials, which refuted allegations about their involvement in disruptions at the school.
They also “vehemently denied” inviting the Cosas or ANCYL members.
In an affidavit, Nkosinathi Ngcobo, a DOE HOD, accused the applicants as the ones who acted improperly by “failing to disclose” to the DOE its own inquiry in June, but only learnt about it after a journalist contacted their media liaison, Kwazi Mthethwa.
Ngcobo said they then acted promptly.
He said the applicants previously demanded they “stop” their investigation and threatened court action, but have since “backtracked” in their court documents and are no longer seeking that relief.
Ngcobo said it was ironic that the applicants wanted the investigation to be moved when they had conducted their own internal investigation at the school during school hours.
The school also encouraged affected pupils to meet with the principal during breaks.
He said there was no basis in law for the MEC to be interdicted and was unprecedented that an investigation relating to racism at a public school was blocked.
Ngcobo said it was not unusual for the DOE to conduct investigations, just as it did with racism allegations at Grosvenor Girls High School in April.
Moving the investigations would create various practical, logistical and cost implications and the attendance of pupils and teachers would not be guaranteed.
He said the two previous days of investigation (August 22 and 23) occurred with no disruptions and was in the best interests of the children, public and society for it to happen at the school.
Sherwyn Naidoo, the MEC’s security advisor said in his affidavit that on August 18 he met with the principal and indicated that he didn't anticipate disruptions, and the meeting must be at the school hall.
While walking through the school he questioned a black pupil who had encouraged pupils to leave the classroom.
She said it was their only opportunity to meet the MEC and expose the “atrocities” at the school.
Naidoo said he asked Cosas and ANCYL members inside the school to not cause disruptions.
He also told a group of parents who wanted to enter the meeting that it was “private” and indicated to a police officer that everything was under control.
Nombuso Mabaso, a DOE employee, said that during the meeting the MEC asked her to contact two ANCYL executives to assist with having their members leave the school.
Mabaso said the pupils who spoke with the MEC about bullying, cyber-bullying, sexism, body shaming and other prejudices told her that they could chat with the principal about these issues during breaks.
She stated that some of the Cosas members present were former learners of Hillcrest.
SUNDAY TRIBUNE