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By Marvin Charles 
9h ago
Cape Town – The School Management Board (SGB) of Brackenfell High School has failed to obtain an urgent injunction in the Western Cape High Court to prohibit the EFF from holding further protests outside of school.
The EFF opposed the request.
Tuesday’s legal action followed a confrontation between EFF members and off-campus residents over a private tuition function attended by white students and their parents.
SGB’s legal representative, Marius Verster, said: “We need provisional protection in the matter. We recognize that it is a constitutional right, but we believe that demonstrations can be held elsewhere without disrupting the school. There are many places where the demonstrations can continue ”.
His presentation said: “It is very urgent that the reparation claimed by the applicant (the SGB) be granted. The applicant seeks urgent interim measures to ensure not only the safety of the students, but also to provide a calm environment during a very delicate stage of their lives, namely the final school exams.
The school recognized the right to protest, but complained that it had dissuaded the right to education.
The SGB asked the court to prohibit the EFF from protesting on several main roads leading to the school, including:
- Brackenfell Boulevard (M100)
- Okavango Highway (M37)
- Frans Conradie (M25)
- Crossing
The matter was heard before Judge Siraj Desai, who said: “The right to free assembly is fundamental. The subject is controversial as is. If the school was segregated, it is so disgusting that the protest is legitimate ”.
Judge Desai accepted the EFF’s commitment that he would not interfere with the current exams being conducted at the school.
EFF legal representative Deneys van Reenen said: “The party wants to engage with the school and practice its constitutional rights.”
No urgent injunction was granted and the request was postponed until Monday so that the EFF could present its papers on Friday.
#Brackenfell Legal Representative of the @EFFSouthAfrica says the party wants to commit to the school and practice its constituent right. @IOL @CapeArgus
– Marvin Charles (@MarvinCharles_) November 10, 2020
#Brackenfell Judge Desai tells the SGB that they are not in a position to dictate where people can and cannot protest. @IOL @CapeArgus
– Marvin Charles (@MarvinCharles_) November 10, 2020
#BREAK Judge Desai postpones the matter until Monday so that the documents are presented before Friday. @IOL @CapeArgus
– Marvin Charles (@MarvinCharles_) November 10, 2020
Cape Argus
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