Head of Department: Mpumalanga Department of Education and Another v Hoërskool Ermelo and Others

Hoërskool Ermelo, a public high school in Mpumalanga, had an Afrikaans-only language policy determined by its school governing body. In 2006–2007, English-medium schools in Ermelo were full, leaving over 100 Grade 8 learners who wished to be taught in English without placement. The Head of Department (HoD) repeatedly requested Hoërskool Ermelo to admit these learners, arguing the school had excess capacity. The governing body refused, insisting on its Afrikaans-only policy. In January 2007, invoking sections 22 and 25 of the South African Schools Act 84 of 1996, the HoD withdrew the governing body’s function to determine language policy and appointed an interim committee, which promptly adopted a parallel-medium (Afrikaans and English) policy. The school and governing body challenged these actions. The High Court upheld the HoD’s conduct, but the Supreme Court of Appeal set aside the withdrawal of powers, the appointment of the interim committee, and the amended language policy. The HoD and Minister sought leave to appeal to the Constitutional Court.

Leave to appeal was dismissed. The order of the Supreme Court of Appeal was upheld, setting aside the HoD’s withdrawal of the governing body’s powers, the appointment of the interim committee, and the amended language policy, while allowing learners already admitted under the parallel-medium policy to continue receiving education in English until completion of their schooling.

The case is a leading authority on the balance between provincial education authorities’ powers and school governing bodies’ autonomy, particularly regarding language policy. It affirms the rule of law, procedural fairness, and cooperative governance in education, while clarifying that governing bodies’ powers are not absolute and must be exercised in line with constitutional obligations.