Arguments were heard in the Western Cape High Court on Monday, 7 December, before Judge Siraj Desai. On the one side of the ring was Advocate Dali Mpofu acting for the EFF and in the other corner Advocate Marius Vester representing the school governing body (SGB) of Brackenfell High School.

At the centre of this litigation is a private party organised by parents to replace the matric ball cancelled because of Covid-19. Black learners were allegedly excluded, but the school says it was a private party arranged by parents and not the school.

The EFF staged a protest on Monday, 9 November, at the school, which turned ugly when EFF supporters were attacked, allegedly by Brackenfell residents. 

Violence erupted during a second protest on Friday, 20 November, at the school when police used tear gas, stun grenades and water cannon to prevent EFF protesters handing a memorandum to the school principal. This was despite an earlier undertaking the EFF gave the court that they would not disrupt schooling and the matric exams.

The first punch was thrown by Vester showing a clip of the chaos that erupted during the protest on Friday, 20 November, near the school. Vester said the clip showed that the EFF had not complied with the conditions imposed by the City of Cape Town when granting permission for the protest. Vester’s argument that the EFF has a history of violence was dismissed by Desai as an irrelevant factor.

Mpofu said Brackenfell High School was breeding racists, adding the EFF had twice in November “protested peacefully” against racism. The second time the EFF came under attack by “racist hooligans”, Mpofu contended.

He underlined that racism is the worst form of violence and that it cannot be perpetrated without violence or the threat thereof. Mpofu said it was a fact that there had been a party that was attended only by white people. He said an affidavit presented in court showed the principal had knowledge of the party before it happened.

Meanwhile, on Monday, 7 December, Education MEC Debbie Schäfer said an investigation conducted by the Western Cape Education Department (WCED) into the party found the invitations were circulated to all matric learners.

“There was no evidence that people were excluded based on their race and also no grounds to take action against teachers who attended the private event,” Schäfer said.

The education MEC added this incident highlighted other incidents of racial tensions at the school, which the school freely acknowledged. To address the contentious matter, the school had already formed a Diversity Committee in June 2020 after allegations of racist behaviour by some individuals. However, the activities were interrupted because of Covid-19 but would now be fast-tracked, she said.

“The school governing body will consider whether a policy needs to be adopted to address some of the issues that have arisen out of this event. Structures will be created to allow more feedback from parents. In addition to this, this district will also arrange a series of diversity workshops facilitated by the Institute for Justice and Reconciliation, for all the staff at the school,” she said.

Elaborating on the private party, the education MEC said a parent of one of the learners had arranged a function for her daughter and some of her friends, as she wanted to do something special for her following the cancellation of the school’s matric ball. According to the WCED report, the event took place at a wine farm, on 17 October and tickets cost R500 each.

Schäfer said: “I have seen the invitation, and there is no reference to the school at all. It specified that it was limited to 100 people, after the venue advised that they could increase the number of attendees from 50 to 100 as a result of the relaxation of the Covid-19 regulations.

“The invitation was widely circulated, via WhatsApp groups. The parents asked class representatives to circulate it to their class WhatsApp groups, and the principal has confirmed with them that they did so.”

The invitation was also posted on the parent organiser’s Facebook page, implying it was also open to people outside Brackenfell High. This resulted in 42 learners from Brackenfell High School attending and 30 from surrounding schools.

She explained that a separate WhatsApp group had been started for those who had replied that they wished to attend, and this explained the allegations of some who claimed to have been excluded from a WhatsApp group.

“Allegations were also made publicly that the head girl did not attend “because no learners of colour were attending. According to the report, both the head girl and boy were invited, but did not attend, as they had other plans on that day and were organising their own farewell functions.

“Four teachers were invited in their personal capacities, as they had close personal links to the organising parent. The school was aware that the event was happening, but the school and the organisers regarded it as a private party. It was thus not necessary to seek approval of the principal or the SGB,” she said.

The education MEC underlined it was clear that this was a private event organised by parents of learners, who were disappointed that the formal matric ball had been cancelled. The fact that people from other schools attended showed that it was not a “school event”, she said.

“The WCED remains committed to inclusivity and a celebration of diversity. We are also concerned, though, that people use events to mobilise racial tensions without ascertaining the facts. This a dangerous practice that is more likely to exacerbate racial tensions than break down barriers,” she concluded.

Judgment was reserved until 22 December. DM/MC