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IOL News
a day ago
- Politics
- IOL News
Supreme Court ruling allows Hoërskool DF Malan to change its name
Hoërskool DF Malan may soon have a new name, after the Supreme Court of Appeal dismissed a bid to prevent the school governing body (SGB) from changing it to DF Akademie. Image: Armand Hough/African News Agency(ANA) Hoërskool DF Malan has finally received the green light from the Supreme Court of Appeal to change its name to DF Akademie to distance itself from one of the chief architects of apartheid. The Western Cape High Court earlier dismissed a bid by four parents to prevent the school governing body (SGB) from changing the school's name to DF Akademie. The SGB years ago officially started the process for the name change, but in 2021, aggrieved by the decision and the proposed new name, four individuals – Barend Hermanus Rautenbach, Johan Smit, Francois Malan, and Barend de Klerk – launched a review application. After losing that application, they subsequently turned to the SCA. In upholding the SGB's decision to change the name of the school, the SCA, in a unanimous judgment, commented: 'A public institution's name often says more about its identity, ethos, and culture than its written mission statement. This is even more so if the institution is named after a controversial historical figure.' Judge John Smith, who wrote the judgment, added that it is thus unfortunate that more than three decades into the constitutional democracy there are still public institutions which are named after individuals who were instrumental either in the development or implementation of the apartheid ideology. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ After the conclusion of a consultative process, the governing body in May 2021 resolved to review the school's name. That decision was subjected to further investigation into the financial implications of the name change and consequential amendments to its constitution. Eventually, after further consultation with stakeholders, the governing body resolved to change the name of the school to DF Akademie. That name was thereafter submitted to the provincial department of education for confirmation that no other educational institution had a similar name. The appellants took umbrage at the decision and, in December 2021, unsuccessfully launched an application in the High Court. They maintained that the consultative procedure adopted by the governing body was unfair, and the decision itself was irrational. According to them, they had a legal right to object to the name change as the issue concerned a matter of public importance and because they paid school fees for their children who attended the school. The SCA noted that, given the controversial figure after whom the school was named, it was inevitable that the governing body would sooner or later be pressured into reconsidering the school's name. The first such request came from an alumnus who wrote to the governing body in 2018. He described the name as 'insensitive and inappropriate' and demanded that the school change its name. The school received two more letters in a similar tone in September 2019 from a parent of two learners. Subsequently, a group of alumni calling themselves 'DF Malan Must Fall' joined the fray. The arguments by the appellants against the name change included that the consultation process during March 2021, which was facilitated by the steering committee members, did not concern the primary issue of the school's name. According to them, it had by then mutated into a debate about 'the school we dream of' and the identity of the school. The appellants contended that that procedure was devised to stifle debate about the question of whether the school's name should be changed. Participants at the discussion groups were therefore not allowed to debate that issue, they argued. But the SCA found that the decision to change the school's name was made after a fair and extensive consultative process during which all interested persons were given an opportunity to express a view. 'The name of Dr Malan harks back to the apartheid era, an association that is fundamentally at odds with the school's ethos of inclusivity and its transformative vision,' the court said. Cape Times
IOL News
2 days ago
- Politics
- IOL News
Supreme Court gives its approval for high school to ditch its links to apartheid architect, DF Malan
Hoërskool DF Malan may soon have a new name, after the Supreme Court of Appeal dismissed a bid to prevent the school governing body (SGB) from changing it to DF Akademie. Image: Armand Hough/African News Agency(ANA) A Belville school has finally received the green light from the Supreme Court of Appeal to change the name of Hoërskool DF Malan to DF Akademie to distance itself from being named after one of the chief architects of apartheid. The Western Cape High Court earlier dismissed a bid by four parents to prevent the school governing body (SGB) from changing it to DF Akademie. The SGB years ago officially started the process to change the school name, but in 2021, aggrieved by the decision and the proposed new name, four individuals – Barend Hermanus Rautenbach, Johan Smit, Francois Malan, and Barend de Klerk – launched a review application. After losing that application, they subsequently turned to the SCA. In upholding the SGB's decision to change the name of the school, the SCA, in a unanimous judgment, commented: 'A public institution's name often says more about its identity, ethos, and culture than its written mission statement. This is even more so if the institution is named after a controversial historical figure.' Judge John Smith, who wrote the judgment, added that it is thus unfortunate that more than three decades into the constitutional democracy there are still public institutions which are named after individuals who were instrumental either in the development or implementation of the apartheid ideology. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ After the conclusion of a consultative process, the governing body in May 2021 resolved to review the school's name. That decision was subject to further investigation into the financial implications of the name change and consequential amendments to its constitution. Eventually, after further consultation with stakeholders, the governing body resolved to change the name of the school to DF Akademie. That name was thereafter submitted to the Provincial Department of Education for confirmation that no other educational institution had a similar name. The appellants took umbrage at the decision and, in December 2021, unsuccessfully launched an application in the High Court. They maintained that the consultative procedure adopted by the governing body was unfair, and the decision itself was irrational. According to them, they had a legal right to object to the name change as the issue concerned a matter of public importance and because they paid school fees for their children who attended the school. The SCA noted that, given the controversial figure after whom the school was named, it was inevitable that the governing body would sooner or later be pressured into reconsidering the school's name. The first such request came from an alumnus who wrote to the governing body in 2018. He described the name as 'insensitive and inappropriate' and demanded that the school change its name. The school received two more letters in a similar tone in September 2019 from a parent of two learners. Subsequently, a group of alumni calling themselves 'DF Malan Must Fall' joined the fray. The arguments by the appellants against the name change included that the consultation process during March 2021, which was facilitated by the steering committee members, did not concern the primary issue of the school's name. According to them, it had by then mutated into a debate about 'the school we dream of' and the identity of the school. The appellants contended that that procedure was devised to stifle debate about the question of whether the school's name should be changed. Participants at the discussion groups were therefore not allowed to debate that issue, they argued. But the SCA found that the decision to change the school's name was made after a fair and extensive consultative process during which all interested persons were given an opportunity to express a view. 'The name of Dr Malan harks back to the apartheid era, an association that is fundamentally at odds with the school's ethos of inclusivity and its transformative vision,' the court said.
The South African
2 days ago
- Politics
- The South African
Cape Town school given green light to change name
The Supreme Court of Appeal (SCA) has upheld the decision to rename DF Malan High School in Bellville to DF Akademie, marking a definitive step toward distancing the institution from its apartheid-linked origins. Originally named after former Prime Minister Daniel François Malan – a key architect of apartheid – the school has faced mounting pressure to adopt a more inclusive identity. The name change, first proposed in 2021, received overwhelming support from the school community, with 85% of over 3 400 voters backing the new name. Despite the consensus, a group of individuals, including descendants of Malan, challenged the process in court, arguing the School Governing Body (SGB) had exceeded its legal mandate and failed to consult properly. The SCA rejected those claims, affirming that the SGB acted within its powers under the South African Schools Act and that the consultation process was fair and rational. The ruling also upheld a previous Western Cape High Court decision in favour of the school. Ferdi Booysen, chair of the SGB, welcomed the judgment, saying it validated a process that involved parents, teachers, and students. 'This name change reflects a new chapter – one of unity and forward-thinking,' he said. In its ruling, the SCA noted that the new name aligns with democratic values and the broader transformation of public institutions in post-apartheid South Africa. The school is expected to officially transition to the name DF Akademie in the coming months. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
Daily Maverick
5 days ago
- Politics
- Daily Maverick
School's decision to change name from ‘disgraced' DF Malan to DF Akademie ‘undeniably rational'
The Supreme Court of Appeal has upheld a Bellville school's decision to change its name from DF Malan High School to DF Akademie to distance itself from its apartheid past, despite objections from some parents. A Full Bench of the Supreme Court of Appeal (SCA) has dismissed a review application by four parents and found the school governing body (SGB) of DF Malan High School in Bellville, Western Cape, acted within its powers to rename the school in line with its values of inclusivity and academic excellence. This means the Afrikaans-medium school's name can be changed to DF Akademie, as suggested in May 2021. The voting for a new name took place in October 2021. Of the 3,466 votes received, the overwhelming majority, namely 85%, proposed DF Akademie. The litigation stems from Barend Rautenbach, Johan Smit, Francois Malan and Barend de Klerk taking umbrage against the SGB's decision after a consultative process in May 2021, to change the name of the school. In essence, they requested that the SCA review and set aside the decision of Western Cape Division of the High Court Judge Robert Henney, who dismissed the appellants' application to maintain the name DF Malan, the prime minister from 1948 to 195, who is considered to be one of the architects of apartheid. In his ruling, Henney said, 'The glorification of his name by an insistence that a school be named after him in post-apartheid South Africa where young people have to embrace a culture based on the values of our Constitution is an insult not only to them, but to the millions of South Africans who suffered at the hands of the apartheid regime.' The SCA judgment, penned by acting Judge John Smith, found the SGB's consultation process was comprehensive, fair and rational. 'The name of Dr Malan harks back to the apartheid era, an association that is fundamentally at odds with the school's ethos of inclusivity and transformation. The governing body's decision to purge the school of this unfortunate association with a disgraced legacy is thus undeniably rational and in the best interest of the school and all its stakeholders,' he stated. The ruling further stated that, while the school took pride in its academic success culture and inclusive policies, its controversial name had been an albatross around its neck. Stigma of name and call for change The school was established in 1954. Shortly after its establishment, the school obtained the permission of the then prime minister to name the school after him. In 2018, an alumnus wrote to the governing body, describing the name as 'insensitive and inappropriate' and demanded that the school begin a process to change its name. In September 2019, the school received similar letters from a parent of two learners. The pressure on the SGB to reconsider the school's name intensified during June 2020 when a group of alumni calling themselves 'DF Malan Must Fall' joined the fray. Their stated objective was to agitate for a name change and to address the 'institutional racism' at the school. In June 2020, the SGB began a process that would allow it to determine if the school's symbols, including its anthem and name, should be changed, as well as the cost implications thereof. Since the Schools Act does not prescribe a procedure for the changing of a school's name, the governing body was at sea concerning the issue and had to do its best to devise a fair process to enable consultation with stakeholders. All it had to rely on were circulars from the Department of Education and the Federation of Governing Bodies for South African Schools (Fedsas). Significantly, both circulars presumed that the governing body had the authority to change the school's name. A departmental circular, while instructing governing bodies to submit names to the provincial education department to enable it to check whether other schools bore the same name, expressly stated that a governing body's authority to change a school's name was beyond question. The Fedsas circular reminded governing bodies that changing a school's name was a sensitive matter and cautioned that wide consultation with all stakeholders, including parents, teachers, learners and the broader community, had to inform any decisions regarding a school's symbols, including its name, motto or emblem. Varied responses It was then suggested that the governing body create an ad hoc steering committee to oversee the consultation process and advise on potential new names or symbols. On 22 June 2020, the governing body wrote to all parents, students, alumni, and school staff on its database, informing them of its decision to begin a process to reconsider the school's name and symbols. The letter elicited a variety of responses, with some expressing misgivings about a name change, others supporting it and some making suggestions about the process that should be followed. The SGB then appointed an independent facilitator, Dr Jan Frederick Marais, a theologian of the Ecumenical Board of Stellenbosch University's Theology Faculty, and a renowned mediation expert, and thereafter a steering committee. Chairperson of the governing body Andre Roux asserted that although the steering committee members were advised to focus discussions on the school's symbols and identity, they were not instructed to prohibit discussions on the school's name. A draft report was eventually compiled and while everybody agreed with the school's core values as formulated by Dr Marais, three steering committee members disagreed with the decision to change the school's name. They were Veronica van Zyl, Mette Warnich – who also filed affidavits in support of the appeal application – and Gert Visser. On Marais's advice, a new task team was thereafter formed to advise the governing body on the formulation of a consultative process with stakeholders; criteria against which proposed new names could be evaluated; and the financial implications of a name change. The task team decided that invitations should be sent to all persons on the school's database to propose new names. After the invitations to comment were sent in April 2021, 626 of the recipients responded – 301 proposing that the name DF Malan be retained and 325 suggesting new names. However, the SGB decided that only two of the four names submitted by the task team were acceptable, namely Protea Akademie and DF Akademie. In a vote, DF Akademie won 85%. The appellants in the case took issue with several points. They claimed SGBs did not have the authority to change a school's name, that the SGB departed from the procedure it originally shared with the school community, stifled debate and failed to properly consult on the name change. The SCA judgment dismissed the complaints. 'I find that in changing the school's name, the governing body was acting within the ambit of its implied powers in terms of the Schools Act; that the procedure it adopted to consult interested parties was comprehensive, fair and rational; and that the decision to change the school's name was taken with due regard to, and rationally connected to the information before it. The appeal must therefore fail,' it read. DM
