Western Cape Minister of Education and Another v Governing Body of Mikro Primary School and Others

Mikro Primary School is an Afrikaans-medium public school in Kuilsriver. Its governing body refused repeated requests by the Western Cape Education Department to change its language policy to accommodate English-medium instruction and to convert the school into a parallel-medium school. Despite this, the Head of the Western Cape Education Department issued a directive instructing the principal to admit 40 English-speaking learners and provide instruction in English. The governing body appealed to the MEC for Education, but the appeal was dismissed. Departmental officials then physically intervened at the school to enforce the admission of learners. The governing body approached the Cape High Court on an urgent basis, which set aside the directive and related decisions, interdicted departmental interference, and ordered that the learners be placed at other suitable schools. The MEC and Head of Department appealed to the Supreme Court of Appeal.

The appeal by the MEC and Head of Department was dismissed. The orders of the Cape High Court setting aside the directive and appeal decision, interdicting unlawful interference, and requiring the placement of the affected learners at other suitable schools were upheld, with costs.

This case is a leading authority on language policy in public schools and the respective powers of school governing bodies and education departments. It clarifies the scope of section 29(2) of the Constitution, affirms the autonomy of governing bodies in determining language policy, and limits provincial executive interference in school governance. It is central to South African jurisprudence on education rights, cooperative governance, and the interpretation of the Schools Act.