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Cape Town: Members of the governing body of Brackenfell High School (SGB) will have to wait another two weeks to hear the verdict of the Western Cape High Court regarding their application for an injunction against the EFF.
Attorneys representing the two opposing parties clashed in court on Monday. However, court proceedings took a tense turn when Judge Siraj Desai questioned attorney Marius Verster, who was representing the Brackenfell High SGB, about the video evidence he presented.
The advocate tried to highlight how the EFF protest on November 20 did not comply with the protest regulations and Covid-19 security rules. But Desai found the video mocking and insensitive.
The judge said he was offended by the video in which the man could be heard filming saying in a mocking tone, “look how they run,” referring to images of EFF members trying to avoid being attacked with stained water, tear gas and stun grenades. .
#brackenfellhigh #Brackenfellhighschool @etv 3rdDegree_etv @CapeTalk @CapeArgus @TimesLIVE @Eusebio @KienoKammies @EFFSouthAfrica @RobinAdamsZA @SoliPhilander 💔💔💔💔💔😭😭😭😭😭😭 pic.twitter.com/Jzf0DHdRym
– Mr. Moon (@ wallaman78) November 20, 2020
Verster argued that while the EFF had not made public any plans to protest at the school again, the SGB did not want to take any chances, especially considering the EFF’s threat to occupy the school should they demand the dismissal of the educators involved. in the racial saga. will not be fulfilled.
EFF attorney, defender Dali Mpofu, argued that the SGB’s request for an injunction was a knee-jerk reaction and an attempt to intimidate the party.
“The school must take measures, achieve transformation objectives, training in diversity.
“What people who are not victims of violence do not understand is that racism is a form of violence, it is like rape, violence is an inherent element of racism.
“In its affidavit, the SGB said the attack on EFF members and the violence by Brackenfell residents were disgraceful. However, the next day, they rushed to request an injunction against the EFF and not against the perpetrators of the violence.
“If they felt that the attack on the EFF members was shameful as they said in their statements, why did they not request an injunction against the perpetrators of the violent attacks, not against the victims?” He asked.
Mpofu said: “Their request must be rejected and, first of all, something must be said, if not a recommendation, about the audacity of the SGB to launch an interdiction request.”
Verster responded that the request was an effort by the school to protect its students and ensure that their constitutional rights were not violated.
“Our reaction and decision to request an injunction was in response to the threat made by the EFF on November 20, 2020. During a speech by Marshall Dlamini, they threatened to occupy the school if their demands were not met within seven days.
“They demanded that educators who had been invited to the private event and attended in a personal capacity be fired. Considering the nature of most of the EFF protests, we couldn’t leave things to chance.
“Their threat to occupy the school remains and while all other grades finish their school year on Friday, registration will only take place on December 17th. We have a duty to protect students in this case, which is why we request the injunction. “
In closing statements, Desai said that while the matter was sensitive, it had also brought to light the inference of racism in schools.
Judgment will be issued on December 22, 2020.
EFF Western Province President Melikhaya Xego said the party would await the trial. Brackenfell High SGB President Guillaume Smith said they would not be able to comment until all members have sat down and discussed the court proceedings.
Cape Argus
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