IN THE SUPREME COURT OF SOUTH AFRICA
(APULL"''' DIYI I 'OM ).
JAMES DONOVAN RICHARDSON AND FOUR OTHERI A"lLUMTI ... ("""'GUllI I quo) THE ADMINISTRATOR OF THE TRANSVAAL PROVINCE, "IIPOMDIMT (II ...... ) APPEAL FROM A ~UDC"IMT OF THE TRAH,VAAL PROVINCIAL DIV' I IOM OF THI
IUPRUII. COURT OF IOUTH AFRICA IY THI HOM. MR. ~U.TIa. RUM,FF
DILlVERED OM THE 17th DAY OF FIIRUARY, , ...
AltorMp f. ",,111 ..., "- AI ~ for R..,...... II
CllARI..ES t .),;W I8 " 1.A1.Ait, STATE A'M'OlI.NEY, 4(l1, F ...... no .... , "enlU DIlUding, Kerl< ...d RlMi" SlnIel.o, F",,"l.aill '''''''. JOHANNtsBURO. PRETORIA.
11£..'1&1" NAXUN. NAUDlt " NAUDE, 204-208, PoyIItooI', Bv.;ld;op, P,O. JIoI 163, Cb.u-d. s".... t, BLOEMfONTEIN. PRETORIA.
JA)VIUS " SHTElN, P.O. Boo. 699, BJ.OY.llFO~-rEIN •
•. t._ 1 N D E X
Contents: Page No . :
NOT ICE OF MOTION 1 PETITION 3 VERIFYING AFFIDAVIT . , . 33 . Pago No . : ANNEXURE ' Y' - Letter, 10.12. 57. 66 'Z' - LettGr, 10.12.51. 68 , ].A' - Inspection Roport, 1949. 69 'BB' - Inspection Report, 1954. 75 'CC' - Extrsct from Hansard. 80 ' DD' - J. ffidayi t, IV . A . Lloyd. 8} 'EE' - J.ffidayi t, S.D. Noll. 89 'FF' - Rosolution 95 'GG' - Lotter, 24.12. 57 . 96 il.FFIl)J.VIT - E. and N. H. MEISE 98 AFFIDAVIT - H. NANKIN 101 RESPOND3NT ' S REPLYING AFFIDAVIT (No.1) 10} ANNEXURE ';.' - Affidavit, M.C.J. Hoon 108 RESPONDENT ' S REPLYING AFFIDAVIT ( No.2) 110 ANNEXURZ ' B' - History 128 ' C1 , - MemorandUJll 129 ' C2 , - Lottor, 25 . 11.55. 1}1 'C3 , - Lotter, 30. 11.55 . 132 ' D' - l.tfidavit , W,J. Snyman 133 'E' - Affidavit, M. C.J. Ho on 137 APPLIC1.NTS' ANSWERING AFFIDAVIT 139 I..NNEXURE '11' - Hotes of Discussion 148 RESPONDENT ' S REPLY TO APPLICANTS' ANSI't'ERING AFFIDAVIT 15} ANNEXURE ' A' - Affidayi t, K. V. Ponzhorn 155 Anncxuro ' A' Lotter, 15 . 6.51. 165 ' B' Lotter, 13 . 9 , 57. 167 JoN NEXURE ' B' - Affidavit, O.W . Robinson 168 ' C' Affida.vit , 1I1 . C.J . Hoon 170 Annoxure 'A ' - Lottor, 28 . 11.57 . 176 INDEX(iii) Contents: Page No .: I..NNEXURE ' D' - Affidavit, E. du Toit 177 ' E' - Affidavit, F. S . Steyn 179 ' F ' - Affidavit, F.R. Odendaa1 181 Annexure - Letter , 21 . 1.58 182 Analysis 183 NOTICE OF APP LICATION TO STRIKE OUT 18 6 JUDGMENT OF PROV I NCII.L DIVISION 188 ORDER OF COURT 199 NOTICE OF APPEJ~ L '10 APPELLATE DIVISION 200 NOTICE OF 'i"IITHDRi..l'fAL OF lJ'PEAL BY THIRD AND FOURTH APPL ICAN TS 201 CERTIFICi.TE 202 IN THE SUPREME COURT OF SOUTH AFRICA (Transvaal Provincial Division) In the matter between 1 . JAMES OONOVAN RICHARDSON 2. HENDRIK JOH ANNES WEYERS also known as OSCAR WEYERS 3. DENYS PETER CAITHNESS 4. THE SCHOOL COMITTEE OF THE HENDRIK VAN DER BYL SCHOOL Applicants and 10 THE ADMINISTRATOR OF THE TRAnSVAAL PROVWCE Respondent . NOTIGE OF MOTION BE PLEASED TO TAKE NOTICE that Ap plication wi ll be made to the above Honourable Court on THURSDAY the 9th day of JANUARY . 1958 at 10 a . m. or sc soon tMreafter as Counsel can be heard, for an Order (a) Con doning the short notice given to the Respondent in respect of this Application in terms of Rule 9 of the Rules of the Supreme Court of South. 20 (b) Setting aside the Respondent ' s decision to convert the HENDRIK VAN DER BIJL SCHOOL from a Parallel- Medium School to an Afrikaans Medium School. (c) That the Respondent pay the costs of this Applica- tion. (d) ALTERNATIVELY TO (b) and (c) ; That a Rule be iosued calling on the Respondent to show cause on a date to be fixed by this Honourable Court . 2 . nOTICE OF IlOTION (1) Why his decision to convert the Hendr1k Van Der Bijl School from a Parallcl- :,iedium School to an Afrikaans 1r;cdiurn School should not be set aside. (ii) Why the Respondent should not pay the costs of this application, and (1ii) Thl:l.t the aforesuid Rule operate as a temporary interdict preventing the Re~pondent from in any way treating such School as other then a PARALLEL MEDIUM SCHOOL . Such interdict to 1'e- 10 oain in operation until the final d~cisicn of this Honourable Court as to the validity of the Respondent ' s decicion. (0) FORTH:::R ALT::;RNA'i'!VELY ro (~) (0) and (d) : That a temporary interdict be granted against the Respondent preventing him from in any way treating such School as other t han a PARALLEL MEDIUM SCHOOL pending the decision of an action to be brought by your PETITIONERS to set aside thc RESPONDENT ' s l:e- c1s1on. 20 (f) For such other and al t·?rnative relief as may 1:!eem fit to this Honourable Court . DAT~D AT PRETORIA , this 6th day of JANUARY , 1958 . (Sgd) RUTH HAYMAN CHARLES LEWIS AND LAZAR , Attcrneyo for Applioants, 401 , Fanora House , TO: Kerk & Rissik Streets , Jo..:.EAmlESBURG , and The Re gistrar of the c/o HENRY NANKIN , }O Above Honourable Court 204 - 208 Poynton' s Building , PRETORIA. Church Street , PRETORIA . AND TO: The Administrator of the Transvaal Province , Respondent , Received copy hereof c/o THE RAADShAL , together with all Church Square , An nexures on this the PRETORIA . 6th day of January, 1958 . RESPONDENT . 3. PETI TION IN THE SUPRl]l:E COURT OF SOUTH AFRICA (T RANSVAAL PROVINCIAL DIVISION) In the rna tter between : L J AMES DONOVAN RICHARDSON 2. 3. DENYS PETER CAITHNESS 4 . Ti-I..E SCHOOL JOioUU'I'TEE or THE HENDRIK VAN DER ErJt SCHOOL Applicants 10 ond THE ADMINISTRATOR OF THE TRANSVAAL PROVINCE Respondent TO HIS LORDSHIP THE JUDGE PRESIDENT AND OTHER THE HONOURABLE JUDGES OF THE ABOVE HONOURABLE COURT . THE PETITION ':)F JAMES DONOVAN RICHARDSON HENDRIK JOHJ.N NES WEYERS knovm as OSCAR WEYERS DENYS PETER CAITHNESS 20 and THE SCHOOL COMMITTEE OF i'HE HENDRIK ViJ~ DER BIJL SCHOOL HUMBLY SHE\'IETH : 4. PETITION 1. THAT your PE TITIO~ERS 1. JAMES OONOVAN RICHARDSON a Clerk of 69. Farraday Boulevard, Van der Bijl Park. 2. HENDRIK JO HANNES WEYERS known 8S OSCAR WEYE RS a Sales Clerk of 118 , Hertz Boulevard Van dar Bijl Park. J . DENYS PETER CAHHtl'ESS Engineer of 59 Ch:lpin Street , 10 Van der Bijl Park. 4. THE SCHOOL CO!.IMITrEE OF THE HSi.'iDRIK VAN DER BIJL SCHOOL YOUR 1st. 2nd , and Jrd. PETITIONERS reside within the jurisdiction of the above Honourable Court, and are parents of pupils presently attending the HF~DRIK VAN DER BIJL SCHOOL (hereinafter referred to as " the said SCHOOL" ) . YOUR 1st PET ITIONER is a lIlember of both the School Com- mittee and Parents' Association of the aforesaid School 20 and has h ad children as pupils at the said school since JANUA RY 1948. YOUR 2nd. PETITIONER is a Member of the Par ents' As - SOcilltion and has a child who has been a t tending the School since J Uli E 1954 and another since JANUARY 1957 . YOUR 3rd. PETITIONER is n lIIember of the Paren ts ' Aa- s ocia tion and has two chilc.ren attending the School, one s i nce JANUARY 1954. YOUR 4th PETITI ONER is the SCHOOL COWMITTEE of t he HEN - DRIK VAN DER BIJL SCHOOL duly constituted i n t erms of 30 Section 48 of the Educa t ion Ordinance 1953 as am ended wh ich i s represented herein by JOHN LANeEtOT WATSON he 5. PETITION being duly authorised by virtue of a resolution of the said Committee dated 18th December 1957, attached hereto marked "A" . 3. On the 21st. JANUARY 1947 , the HENDRIK VAN DER BIJL SCHOOL commenced and was inaugurated as a parallel medium School, and the Principal, Staff and English speaking pupils were welconed by the then Chairman of the VEREENIGING SCHOOL BOARD. At that date, the enrol- ment of pupils was approxinately 114 (ONE HUNDRED AND FOURTEEN) Afrikaans Medium and 17 (SEVENTEEN) English 10 Medium pupils . 4. Your PETITIONERS state that on the 25th day of OCT OBER 1947 the HENDRIK VAN DER BIJL SCHOOL was officially opened by his Honour , General PIENAAR, the then Adminis trator of the Transvaal as a Parallel- Medium School . In MARCH 1949 the VEREENIGING SCHOOL BOARD requested t he School Committee to hold a referendum to ascertain the wishes and views of parents of pupils attending the school on Parallel- l.ledium education. A referendum was duly taken and 528 (FIVI: HUNDRED AND T\7ENTY EIGHT) parents expressed the desire for Parallel- Medium education for 20 their children 86(EIGHTY SIX) parents f or English Medium and 60 (SIXTY) parents for Afrikaans Medium . The total number of pupils attending the School at that time was 409 (FOUR HUNDRED AND NINE) Afrikaans Medium and 381 (THREE HUNDRED A.I'l"D LIGHTY ONE) English Medium , and the school continued as a Parallel- Medium School . Your PETITIONE RS beE leave to refer the above Honourable Court to a copy of the letter addressed to Parents annexed hereto marked " B". 5. In JANUARY 1950, two new schools were opened in VAN 30 6. PETITION DER BIJL PARK - an ENGLISH MEDIUM and an AFRIKAANS MEDIUM School . The parents of all pupils concerned were left with an absolutely free choice and were entitled to re quest the enrolment of their children at either the English Me dium , Afrikaans Medi um or the Parallel Medium Schools. 6 , f~thQugh the wishes of the parents ha d been clearly expressed a~d the parents hau a free choice to place their children at a suitable school, and there Vi as no accommodation problem, on the day prior to the reopening 10 of the HE!IDRIK Vl~ DER BIJL SCHOOL in JANUARY 1950, however , your PETITIONERS were informed by the PrinCipal that he had been notifi od that all English speaking pupils would be require d to go to the naw ENGLISH r.mDIUM SCHOOL . Your PETITIONERS varily believe tha t for some purpose contrary to t he policy of the Education Ordinance , the authoritios were de tC'rmined to eliminate tha possibility that the childran of tho t wCl European raoes in VilN" DER BIJL P.'LRK would be edu<: a t e d in a manner which would lead 20 to harmonious relations between them . The pare nts who wera well s a tisfied with the excellent resul ts which ha d bcen achiElvod held a prote st meeting - tha t very evening and decided tha t they would take their c hildr en home if they were orderod to leave the School. As a res ult of t he parent s ' protes t the order was re SCinde d by the authcri ties c oncerned. 7 . In JUNE 1952 a furthe r attempt \'las ma de by the Re s pondent to conve rt the School to a Single Medium School 30 wi th Afrikaans a s the mediull as from the 1st JANUARY 1953. 7. PETITION A Meeting of Pa r.an ts riBS again c a lled and attended by approximately 45 0 (FOUR HUNDRED !.rm FIFTY) parents on the 25th JUNE 1952 I'Iho wero almos t unanimous in their decision that evcrything possible should be done to retain t he charact~r of the School as Parallel- Medium. Thereafter , a Deputation of Parents int erviewed the Respondent on the 28th day of AUGUST, 1952 , and on the 26th day of SEPTEMBER 1952 a notifica.tion was received that the School would remain a Parallel Medium for the mO!llltime . If future educational accommoda tion of a growing 10 p opulation Wai3 a problem at this stage thoro was nothing at that time to prevent the authoritie8 f r om planning new schools wh ich would ca "';er for the ne eds of everyone who dcslred unilingual schools. In an Gxpanding community there must always bG increasing numbars of school chi 1- dran l'Ii th the result tha t 1;h ~ rc must oi th~r be a numbar of pupi ls in excess of thG ideal number or a school wh ich has less than its full complement. The authori tics how ever, as events havo shown h ave been prepa red to use this f a ct only to destroy a firo t class educationa l in- 20 s titution instead of planning i n recognition of the fact that a great experiment wus succGeding in Van Der Bijl Park. 8 . The School continued to function as a Para llel Mediwn School until JUNE 1955 , when on the l a st day of the secon d term your Pl!.'TI'l'IONERS were a dvioed by t h e Principal tha t he ha d been notified that from the be ginning of t he third term :in 1955 - about T\·;O HUNDRED English speaking pupils attending the HEHDRIK VJJ~ DEB BIJ1 SCHOOL were to report to the OLIVEr. LomE SCHOOL . 30 8 . PETITIOU This OrdClr caused extrcne consternation and dissatisfac tion Mongst the parents who :uade immediate representa tion to tho School Board and SOilie few hours later the Order was suspended un"til the beginning of 1956 . On the 17th AUGUST 1955 , a mass meeting of par8nts was held, at which it was unanimously decided to take a refarcmdum of parents , and to seek a further interview with the Respondent. The almost unanimous opinion of the parents tha t the school s h ould continue as a Parallel - Mcdiu.:n School I,as thereafter p.rr.bodied in a letter to all par lish speaking children. Your PETITIONERS state that there w~;rc only 3 (THREE) diss..!ntients . Your PETITIOliERS beg leave to refer the above Hon ourable Court to a copy of the 3aid letter attached here to marked "C ". A further dcputa tion consisting of the Chai rman end then Vice Cha irman of the School Committee inter viewed the Respondent . Your PETITIONERS worc advised that the Rospondent had 20 assured thu deputation that the matter ..-,ould be reconsi dered . On the 15th DECEMBER 1955 the day a fter the School closed for the DECEhffiER holidays the Principal informed your PETITIONERS that he had been notified that the School would be converted to an English Medium School 'with effect from JArillA-TIY 1956 . This was regarded by a number of parents of English speaking children as an affront to their sincerity, since the joint effort of the parants of ~ll children had rcsul tecl in the provision of excellent amenities and :acilitics for children at- 30 9. PETITI ON t~nding the school. A further int~rview 'las sought with the Respondent and Execut i ve Comm i ttee of the Transvaal Provincial Coun cil, and on the following day it wus announce d that the School would remain a Parallel Medium School during 1956 but woul d be converted to an Afrikaans Medium School i n JANUARY 1957 . 9. On the 16th day of JANUAR Y 1956 a Parcmta ' fJIeeting was called and attended by about 600 (SIX HUNDRED) pa- rents , who unanimously decided t o oppose this decision . 10 A r ~ferendum wsS again held to ascertain the parent s ' atti tude to the proposed conversion - 878 (EIGHT HUNDRED A.NIl SEV::;NTY EI GHT ) parents expressed the ruqueat that the School r emain Parallel- Medi um , 6 (SIX ) voted agai nst the proposal and 2 (TWO) abstained. The total nmaber of parents of children a t tending the school at this time was 884 (rIGHT HUNDRED AND EIGHTY FOUR) • Your PETITIONERS beg leave to r efer the above Honourable Court to a co py of t he said referendum at- 20 t ached hereto marked "D". 10. On the 7th FEBRUARY 1956, t he Par ents ASSOCiation of the HENDRIK VAN DER BIJL SC HOOL requested the Secre t ary of the Vl::REENIGlJiG SCHOOL BOARD, that the Board gr2..'1t a deputation of parents a spClcial rtkcting on the 18th FEBRUARY 1956 . Your PETITIOi~RS beg leave to r efer the above Honourable Court to copy of letter annexed her~t o marked "E" . In reply to this letter the Parents ' ASSOCiation received 30 10. PETITION a communication from the S~cret a ry of the School Board requesting tha t the Pa r"nts ' Asoocia tion \"I ork through thG School Committee as this Committee is the official Body representing the parents of the pupils at the School . Your PETITIONERS beg leave to refer the above Honoura ble Court to copy of letter annexed he reto markod " F" • 11. On the 13th FEBRUARY 1956 , the Chairman of the School Committee a ddressed a letter to the School Board 10 requesting an interview with the School Board to discuss the future of the HElIDRIK "AN DER BIJL SCHOOL - a copy of tho said letter i s annexed her'etc marked "G il to which your PETITIUNERS bug l~ ave to refer the above Honourable Court , and subsequently the required interview was granted for the 20th MARCH 1956. A copy of tho loUe!' address- cd to th~ Cha irman of thc School Committe e by the Ver eenig ing School Board i s snnexed hereto marked "H", and to which your PETITIONERS beg 1uav c to refer thc a bove Honourable Court . At the Jl'!0eting between the School 20 Board and the School Committee and parent s on the 20th b~CH no direct reply CQuid be obtained from the Board and the Parents' Associa tion then communicated direct Vii th the Res ~ ondent in r egard to the deciDion made by him and the Executive Committee. 12. Your PETITIONERS sta t e tha t the Parents ' As socia tion made several requests by letter and t e l cgram for an interview wi t h the Reopondcnt during the period APRIL 1956 to JULY 1956 without succcss. Your PETITIONERS beg leave to reter the above 30 11. PETITION honourable Court to copies of the letter and telegram ad dressed to the Director of Education annexed hereto marked "I ". On the 5th day of JULY 1956 t he Secreta.ry of the Parentn' Association roceived a latter from the Director of Education informing him that the Executive Committee had resolved to adhere to t heir previous de cisi on that the language Medium of the HENDRIK VAN DER BIJ1 SCHOOL was to be Afrikaans from the inception of the yoar 1957 and that any interview thereanent would serve no good purpose. 10 Your PETITIONERS beg leave to refer the above Honourable Court to copy of lotter annexed hereto marked "J" • The Parents' Committee convened a Meeting for the 6th AUGUST , and invi t a d the Members of the Executive Com mittee of the Provincial CounCil , htr . HAYENGA the Local M.P.C . and the School Board to attend the Parents Meet ing, all the above persons r efused the invitation. On the 8th day of AUGUST 1956 the Chairman of the Sohool Commi tte£l forwarded the Resolution of the Parents As- 20 Sociat i on requesting the Respondent to constitute a Com miSSion of Inquiry into the circumstances surrounding the proposed change of t he Medium of the said School . The Resolution wao also forwarded to the School Board , and to the Local M. P. C. Mr. Havenga. Your PETITIONERS bog leave to r efer the above Honourable Court to copies of the said letters addressed to the Respondent and to the Secretary of the Executive Committee of the Trunovoal Provinoe and to the local M. P. C. r.tr . HAVENGA hereto annexed marked 10 K, L, M, N" 30 respectively. 12 . In a letter dated 10th AUGUST 1956 , received from the Respondent th03 Par ~ nts ' A:::soc i a tioll were advised tha t the r oqucs t Vlould be considorud . Your PEl'ITIONERS beg leave to ref"r the a.b ove Honourable Court to copy of lettor annC 1.: cd he r ato marked "0" . Eventua lly in a l.Jttcr dated 16th OC TOBER 1956 the Pa r ents ' Associatton waD a dviscd by t he VI:REENIGING SCHOOL BOARD that t he Exe cutive Committee had reconsidered the ma tter at a Me o ting held on the 8th OC TOBER 1956 nnd had resolve d tha t although the Executive Co~m1 t t ee 1 0 i s well empowered in terms of the Educa tion Ordina nc e to r emove t he Eng lish Mcdium stu dcn to of the HENDRIK VAN DEB BIJL SCHOOL and to pl ace t hem in t he OLIVER LOD GE SCHOOL , thut the l atest decision in this connection di d not comply i n all r e spects l'Ii th the education ordi nance and the doci13ion was thore forG null and voi d. Your PETITIONERS beg leave to refer t h e above Honourable Court to copy of l etter annexed he reto ma rked "P" • As a r asul t of this c ommunica tion your PETITIONERS 20 verily believed that the School would r elllain n Parnllel Medi um School , a nd in this regard rour P ... TITIONERS beg l eave to ref er the a bove Honoura ble Court to copy of letter addressed to the Respondent annexed hereto marked "Q" . In reply in a letter addressod to the Chairman of the Parents' Assoeiatior: dated the 22nd. OCTOBER 1956 tho Respondent informEd t he ParGnts' As sociation that the School BOFl.rd had made furthe r recommendations which Would be pluced before the Executi vo COlluui ttee . You r PETITIOHERS bog leave to r ()fcl' thc a bove Honoura b l e Court 30 to copy of lett..: r a nnexed hore to murked " H". 13. PETITION 13 . On the 22nd. day of NOVEMBER 1956 your PETITIONERS WElre advised that the Resp cndent had decided that the HENDRIK VAN DER BUL SCHOOL rlould be discstablishc:d and a new flchool \IIould open in J f.,NUARY 1957 as an Afrikaans r.Jedium School . Your PETITIONERS beg leave to refer the above Honourable Court to copy of letter received from the VEREENIGING SCHOOL BOARD annexed hereto marked "S". Your PETITIONERS through the Parents ' Association again requested an interview with the Respondent and on the 10 27th day of NOV~dBER 1956 a deputa tion of parents inter viewed the Respondent and Exucutive Commi ttee in connection with this latest docision. Tho following day , your PETITIONERS were advised by telegram that the Respondent and Executive Committee had refused to re~cind the Order made ) and the instruction to disestablish the School and reopen as an Afrikaans r.rudium School wculd remain. Your PETITIONERS humbly submit that the proposed procedure was a method adopted in an attempt to circumvent the legal di fficulties created by the Educaticn Ordina nce and d1s- 20 closed a determined resolve by the authorities to de- stroy an inst! tution vlhich was admirably fulfilling the express policy of the Education Ordinance to foster unity between the two r aces in South Africa. 14. As a result of t his decision however, a furthur referendum of Parents was initiated on the 27th NOVEmmER 1956 and 787 (SEVEN HUNDRED AND EIGHTY SEVEN) parents expressed the desire that the School remain as a Parallel Medium School. Your PETITIONERS beg leave to refer the above Honourable Court to copy of the said r~ferendum 30 14. PETITION annexed hereto marked "T". 15 . In DECEMBER 1956 your 1st. und 2nd . PETITIONERS brought an application in this Honourable Court against the Respondent for ':!.h Order setting aside the Respondents Order diseste.blishing the School and restraining the Respondent from acting under his Order of discatablish- mcnt . On the 24th DECEMBER 1956 judgment was given and an Order was made by this Hono\U'able Court in these terma . Your PEi'ITIONERS beg l eave to r efer to the said 10 Judgme nt which is reported in SOUTH AFRICAN LAW REPORTS 1957 - Volume 1 on Pages 521 et seq. As a result of the said Judgment the s nid School continued as a Parullel Medium School during 1957 . 16. On the 10th J ULY 1957 , a draft Ordinance was ga zetted in the Provincial Gazette being Administrator' s Notico No . 513 to amend the Education Ordinance in cer t ain respects . Your PETITIONERS humbly submit that notwithstanding the powors given to the Respondent by the a~endmen t, he is 20 still bound to have regard to the policy of the Ordinance as n whole and more particularly to the wishes of parents. 17 . On the 19th NOVIMBER 1957 , your PETITIONERS learn- ed through a sta tc- mont by Mr . J.D. L. HAVENGA Member of the Provincial Council for -"creeniging district at a Poli tical Meeting hold on tha t day tha t thero Vias un in tention to chango thc Nedi uo of the School in tho very nC ar future. On the 27th NOVEMBER 1957 the afor esaid draft Ordinance was promulg p. tcd and on that day the School 15 . PETITION Committee of the HENDlUK Vi.N DER BIJL SCHOOL addressed a toloJgrwn to the Respondent referring to the statement of Mr. Havenga , notifying tho Respor.dent thut the School Committee strongly objQc ted on behalf of the Parents to any ch~~ e in t he Medium of the School and requesting an interview with the Respondent . A copy of the said telcgr:::.m is attached hereto marked "U" . On the 28th November 1957 the School Cammi ttea well a ware that it represented the feeling of the parents addressed a letter to the Respondent advising him t hat the Parents 10 of the pupils attending the HENDRIK VJ~ DER BIJL SCHOOL wished t heir children to ccntinue their educa tion at a Parallel Medium School ::tnd tha t they therefore were very strongly opposed to any chango in the present character of the s a id School . Copy of the said letter is attached hereto marked "V" . On the 28th day of NOVEMBER 1957 the Respondent advised tho said School Committee that he would receive a de putation on the 9th DECEMBER 1957 and on that day FIVE members of the School Committee of the HENDRlK Vlili DER 20 BIJL SCHOOL attended the Respondent in Pretorin in Exe Clltive Committe.::! and oxprGssod tho wishos of" tho parents that thcre be no change in the present character of the School. Your PETITIONERS beg lcave to refer to the lI.ffidavi t of NEVILLE GAUCHE WEBBER, Secreta ry of the said School Com mittee as to what took place at this interview with the Respondent , a tta ched horato marked " WI" . On th.? 10th DECEMBER 1957 your PETITIONERS attorneys re quested the Administra tor to furnish a copy of the Racord )0 16. PETITION of this i ntorvic'll . A copy of the s f~ id 1 ... ttcr is attached hereto marked "X". This r8quest was refused by the Respondont and your PETITIONERS attach hereto copy of the latter roceived from tho Provincial Se c retary dated the 13th day of DECE?1l3ER 1957 marked " Z". 18 . On t he 10th day of DEeD,mER 1957 your PETITIONERS 1'I0re advised that tho Respondent hed decided to convert the School to Afrikaans Medium \'Ii th effect from tho 1st 10 JANUl..RY 1958 nnd on the 10th DECE!'I1BER 1957 your Pe titioner' s attorneys addressed a letter to the Respondent advising him tha t th0y intended to make on application to the Supreme Court to set ~sidc his decision to con- vert the school and requested him to d01uy the i mple mentation of his decision pending the outcome of this application. Copy of the s a id l e tter is attached her0to marked "y" . On the 13th DECEMBER 1957, the R~spondent refused to agr ee to this request and your PETITIONERS refer to An- 20 nexure li Z" attached hereto . 19. Your PETITIonJ'::n:S ota te tha t pupils attending the HENDRIK VAN DER BIJL SCHOOL as presently constituted , as a Parallel-Medium School, receive instruction in their mother tongue in separa te class rooms which complies fully with the stipulation required by Section 56(1) of the Zducution Ordinance. 20. Your PETITIONERS further state tr.at as a result of Parallel Medium educa tion, pupils att,mding the school 17 . PETITION _ EngliSh and Afrikaans speaking children and also child ren of Holland, German , Ita:ian and Greek parentage - mix freely and harmoniously on the play grounds and or ganise their ol'm games in ""hieh all groups particiJ;late. School sporting teams are drawn from all g roups and both official languages ar~ used by all students and equally respected. The annual School concer-ts are held in the Afrikaans Medium and English- Medium language in alternate years and it is not uncommon to find pupils undertaking the Principal role in the language other than t heir home 10 language . During 1957 the school held two functions - one on Van Riebeek ' s day 5th APRIL 1951 when a pageant was porformed in Afrikaans symbolising the building of a united South African Nation. Children in the national dress of the countries of their origin participated in this pageant . In NOVE.'®ER 1957 a p:"ay "CINDERELLA" was presented in English in which more than )00 (THREE HUI'lDRED) pupils English and Afrikaans speak:ng participat e d . 20 21. Your PETITIONERS furthcr state that as a reoul t of Parallel !l1edium educa tton and the faeili ty thereby accord ed of mixing with pupils of the opposit~ language g roup, pupils become bLLingual and proficient in both the Eng lish a~d Afrikaans languages. At the annual School con cert at thc end of 1955, School Inspcctor LINDER publicly congratulated the Principal and the pupils on the high standard of bilingualism attained . The prizes given by the Mayor of Van Der Bijl Park to the best bilingual )0 pupils in the Afrikauns and Vaal High Schools respectively 18 . PETITION were 'o'Ion by formor pupils of the HErrDRIK VAN DER BIJL SCHOOL in 1956 and 1957 . Furth0rmOl'(l , your PETITIONERS state that th0 children in this school learn to respect each others traditions and customs. 22 . Your PETITIONERS further state that the School has always been administered in a most competent and efficient Tanner. 23. Your PE'l'ITIONERS fu::-thcr state that they are ad- vised that t he reports of the Education Department 10- 10 spec tors on the standard 0: education in tha School is cxca ·Jdingly high , notwithstanding the utmosphttre of un certainty that has prevailed in th~ School during the past 8 (EIGHT) years as to its eventual fate . Your PETn.'lONERS annex horeto Il\..'Hkcd "AA and BB" Reports of Inspection c arried out 1n AUGUST 1949 and in MARCH 1954. 24 . Your PETITIONERS further state that all parents of pupils attending thG School have made concerted efforts to promote a spirit of national unity and to assist in 20 the improvement of facilitics at the School. They had raised more than £8 , 000 . 0 . 0 . (EIGHT THOUSAND POUNDS) up to 1956 which was utilised in providing the School l'Ii th playing fiolds and 0 thcr facilitics. All additional £700.0 . 0 . (SEVEN HUNDRED POUNDS ) was contributed by the Parents of all ruce ::; durill€ 1957 . 25 . Your PETITIONERS sutmit that having regard to the 19. PETITION history of Respondent ' s conduct regarding thin School as herein set out tho dacision now taken by the Respon dent to convert the School from Parallel to Single Medium is one t aken for political motives only and cannot be substantiated by any valid reason. Your PETITIONERS further submit that : (i) The statement made by Mr . Havenga Member of the Provincial Council on the 19th NOVEMBER 1957 at a Political Meeting, prior to the promulgation of the Ordinance , that the School was to be conver- 10 ted to a Single Medium School in the very near future; and (iil The speeches made by the Honourable Member of Parliament for the Ver~ oniging District as report ed in Hansard on tho 27th ~~RCH 1957 - Columns 3678 - 3680. Your PETITIONERS beg leave to refer tho above Honourable Court to an extract from HANSARD attached hereto marked "CC" which contains the aforesaid speeches, SUbstantiate your PETITIONERS submission that the conver- 20 s~_l)n of the School from Parallel to Single Medium de - spite the Order of tllis Honourable Court of tha 24t h D1'CEMBER 1956 and whether or not valid reasons existed for such conversion is one taken for political motives only. 26. Your PETITIONERS .submit that t he Respondent has de- liberately flouted und dioregarded the wishes of the parents of pupils attending the HENDRIK VAN DER BI JL SCHOOL at all times, and that th" Respondent has again deliberately acted contrary t o the wtahes of the parents 30 20 . PETITION as expressed to him by th~ School Committee at the in terview on t he 9th DECEMBER, 1957 . Your PETITIONERS state that at no time whatsoever has the Respondent furnished any valid reason or grounds for his various deciSions to conv,"rt t~ H~ School £.L"Uln P!:l!"!:I.llcl Medium to Single M'<:ldium . 27 . Your PETITIONERS state tha t there is still no ground or valid reason or any proper motive whatsoever for converting the said School . The School has a very high standard of educatie'nal ins truction and academic 10 achievement. Your PETITIONERS verily believe that it 13 one of the best primary schools in the Transvaal . There 1s no lack of accorrmodation in class rooms and all other f aci11 ties arc more than nduquatc for the proper functioning of the School and for its sporting and €xtre mural activities . The pupilS of the said School both present and past have had and are obtaining an excellent scholastic grounding in both official languages ana arc receiving a first rate charecter tra ining at the school. 28 . (a ) As will appear from tho Affidavits of NEVILLE 20 GAUCHE WEBBER and JOHN LANCELOT WATSON (An nexures " I'll und W2" hereto) the Members of the School Cow~ittee gave cogent and valid reasons why the school should remain a Parallel- Medium School and tha t arrangements could be found to moet a tooporar y shortage of acc ommo dation other than the drastic method of break ing up an €xisting flourishing institution. (b) As appears from P~ragraph 4 of the Affidavit 21. PETI'rION of NEVI LL I: GAUCHE WEB'OER the Respondent placed before th~ d~putation the following figures and recommendz:;ions furni shed to him by the VEREENIGING SCHOOL BOARD . Present Accotlmodation for Afrikaans Medium students 2518 Expected cnrolnent - Afr ikaans Medium Students 1958 2734 The Respondent alleged tha t there would therefore be no accoffimJda tion 10 for 216 (TWO HUNDRED AND SIXTEEN) Students. Prescnt Accommodation - English Medium Students ...... • ...... 1024 Expected enrolment 1958 - English I.tedium Students 770 SURPLUS 254 The recommendciion of the School Board was to the effect that this situation be met by converting t he HENDRIK VAN DER BIJL SCHOOL 20 to AFRIKA ANS MEDIUM , which would provide 413 (FOUR HUNDRED AND THIRTi:EN) additional places to house the expected 216 (TWO HUNDRED Al'iD SIXTEEN) surpluo Afrikaans Medium Students . The School Board further recommended that the total number of 770 (SEVEn HUNDHED AND SEVEN TY) English Med ium Students should be housed a t the OLIVER lODGE SCHOOL . (c) Your PETITIONERS submit t hat 30 22 . PETITION (1) The short8Be of accommodation for Afri kaans Medium Students as revealed in the figures given to them by the Administra tor is temporary only becauae there is a SIXTH primary Afrikaans Medium School which is in the course of erection und which should be completed at the latest by JULY 1958 and this School will pro vide additional permanent accommodation for 650 pupils. 10 (ii) That 18 (EIGHTEEN) temporary class rooms at present situate on the site of the OLIVER LOWE SCHOOL stood empty and were not u tilised for the last 3 (THREE) terms duril18 1957 , a1 though they could easily have been moved and used . (iii) That if the Education Department and/or Administration had carried out the re commendation made by the VEREENIGING SCHOOL BOARD at its Meeting in APRIL 1957 20 to move the aforesaid 18 temporary class rooms to the site set aside for a SEVEN- TH Primary School to provide accommodation pending the ccmpletion of the sixth pri mary school, there would have been sur- plus accommodation available for Afrikaans Medium Students and not even a temporary shortage of accommodation. (iv) Tha t the decision made by the Respondent 30 to convert the HENDRIK VAN DER BIJL SCHOOL 23. PETITION to Afrikuuns Medium will result in a more ser ious permanent overcrowding of English Medium pupils at the OLI~R LODGE SCHOOL because the School has permanent accommodation for 540 (FIVE HUNDR~D AND FORTY) pupils and the ad ditional 5 (FIVE) temporary class rooms can houi3e 180 (ONE HUNDRED AND EIGHTY) which makes a total of 720 (SEVEN HUNDRED AND TrlENT'{) maxi mum places available for the 770 (SEVEN HUN- DRED AND SEVENTY) expected English Medium 10 pupils. (d) Your PETITIONERS thorefore submit that the figures and recommendations placed before them by the Re spondent indicate that there is only a t emporary shortage of accommodation and that t he decision of the Respondent to CO!"lvert the School is thorofare no t a proper exercise of his discretion in t erms of the Ordinance in that other methods should and could have been found for meeting a temporary 20 situation other than by preci pitately and arbitrari ly interfering with a School which by all standards is a flourishing and first rate institutjon. (e) Your PETITIONERS further submit that the converting of the HENDRIK VAN DER BIJL SCHOOL in these circum stances cannot be justified on educational or economic grounds. Your PETITIONERS beg leave to refer thc above Honourable Court to the Affidavit of Mrs . SYLVIA DOro:EN NELL attached he-reto marked "EE" • 30 (f) Your PETITIOliERS further submit that the Respondent 24 . PETITION in acting as he has done has not only crea ted a 3tate of pcruanent overcrowding for English Mcdium Students in that arca but has discrim inat ed agaillst the English Mediur.! Students in that, whe r~us the parents of all races at t he HENDRIK VAN DE? BIJL SCHOOL have contributed towards the cost of providing the school with t wo t urfed fields which can be used for either cl"icket or rugby, two all weather tennis oourts , five all weather cricket nets, 2 all 10 wcather basket ball fields and an athletic track , tho OLHER LODGE SCHOOL has no Cricket or Rugby fields , no tennis courts, no eth- Ic tio t rack ane. no cricket nets . (g ) Your PETITIONERS verily believe that the School Board has b~~n subjected to many pressures. Your PETITIONEFS request that this Honourable Court call upon the RESPONDENT to disclose the correspondence which passed betw(len the Educ a tion Department, himself and the Vereeniging 20 School Board and to make this correspondence available to this Honourable Court. Your PETITIONERS have rea80n to believe that 8uch correspondence is relevant to the issues be - fore this Court. 29. As has been fully set out in Paragraphs 4, 5. 6, 7,8 , 12 and 13 hereof. the Re8pondent has made sov~ral nttempts to convert tho said School from Parallel- Medi um to Single Medium . all of which \'lore contrary to the ~xpress wishes 30 of t he vast majority of parents concerned and therefore 25 . PETITION your PETITIONERS submit contrury to the provisions of the Ordinance. )0. Your PETITIONERS .further submit tha t it is a well recogni~ed educa t ionul prin~iple tha t u School should servo the needs of the co~~unity in which it is situate , in this instance a built up and ~ settled community con sisting of the lr!cmbers of m9.ny racos. It 1s further recognized that the needs of education arc best served by u diversity of types of Schools and not by imposing a rigid standardization. 10 Your PETITIONERS beg leave to refer the above Honourable Court to the Affidavit of PROFESSOR WILLIAM ARNOLD LLOYD , Professor of Education, Uni',"crsl ty of tho Wi twutersrand and ~f MRS . SYLVIA DOREEN NELL, attached hare to marked "DD and EE" respectively. 31 , YOW' PETITIONERS submit that thar(o are more than 400 (FOUR HUNDRED) listed Parallel Medium Schools in the Transvaal and the Respondent has usod his Powers of converaion under the Ordinance as amended only against the HEl'jD~IK V/.N DER BIJL SCHOOL . 20 32 . Your PETITIONERS further submit thut having regard to the past history as sot out herein the Administrator in de ciding to convert the School has acted on a preconceived policy und has not (lxercised his discretion with an open mind but has fettered the discretion given to him in terms of the Ordinance. Moreover your PETITIONERS submit that in totally disregarding the wishes of the parents he has acted contrary to the t erms of the Ordinance and that therefore his discretion has not been exercised in a proper 26 . PETITION manner end his decision to convert the School is irregu lar and ba d in law. 33. Your 1st PETITIONER sta tes tha t the f a cts and allogation", made in Pal'S€T' a phs 3 to 37 A.re wi thin his knowledge . Your 2nd . and 3rd P~TITIONERS sta te that all the f acts und al l egations cont ained in Paragraphs 8 to 37 are l'Ii thin their knowledge . Your deponent JOHN LANCELOT WATSON states that the facts and allegations in Paragraphs 3 - 37 are Vii thin his 10 knowledge . 34. Your PETITIO Il E~S f'll'ther state t h:.. t the bound orig i nals of the referendum taken by parents on the 16th January 1956 and referred to in Paragraph 9 hereof, and the original referendum t~en by parents on the 27th day of NOVEMBER 1956, and referred t o in Paragraph 14 hereof have not been annexed ,to the Peti non in order to save costs, but are available for inspection by the Respondent and the above Honourable Court. 35 . Your PETITIONERS s tate t hat as the deCision of the 20 Respondent was only communic a ted to them on the 10th December 1957 four days before school broke up it ha s been impossible for them to take a referendum of parents but they sta te categorically tha t the parents attitude has not changed since the previous referendUm taken on the 27th November 1956 and further your PETITIONERS state that the School Comlli ttee whioh Vias eleoted in MARCH 1957 by the parents on a platform of retaining 27 . PETITION the school as a Parallel Medium School is c. pa rty to this application. 36, Your PETITIONERS beg leave to refer the above Honourable Court to a copy of a resolution of the Com mittee of the HENDRIK VAN DER BIJL SCHOOL PARENTS ASSO CI ATI ON annexed hereto marked "FF" supporting your PETI TIONERS in this application, Your PETITIONERS are obtaining an Affidavit from ERICE MEISE and NELLIE HEruUNA MEISE who have expressed the wish to support your PETITIONERS but by reason of the 10 f act that they are temporarily in Bloemfontein and be- cause of the urgent necessity of having this Petition filed were unable to be parties to this applicat i on, although they were two of the Petitioners in the last application. Your PETITIONERS beg leave to be permitted to file this Affidavit subsequently to the Petition being filed a s it has not been possible to obtain such Affidavit in time to file it with the Petition. 37 . (a ) The school is due to re- assemble on the 15 t h 20 JANUARY 1958 end in view of this fact your PETITIONERS submit that they and all other parents will be s eriously prejudiced and will suffer irreparable harm if the School begins on tha t date as an Afrikaans Medium School . Your PETITIONERS beg leave to refer the above Hon ourable Court to the letter of the lOth Decem- ber 1957 ennexed hereto marked "Y" ref erred to 28 , PETITION in Pnr n6r :>.ph 18 hereof. c.nd the reply of the Rcspondent th" retc (Annexure" Z" ) and also to a further lett01' written by your PETITIONERS attorneys to the p.ESpaUDENT on the 24th day of DlXlEMIllin 1957 a..'lnexed hereto marked "GG " (b) Your 1st. end 3rd PETITIOnERS and all other parents of childl'€n whose home languege is Eng lish and who a re at present attending the HEN DRIK VANDER BIJL P ARALLEL- l.1EDIUM SCHOOL will not know until the conclusion of those procecd- 10 ings whether their children wil l be able to con tinue a s pupi l s a t -the said school or whether they must cuke arrrung ements for their children to r.. t t end other schools as from the beginning of the School year. These arrangements include in some cases the selection of other schools and the !lpplica tion for admission thereat, rmd in all cases the ~urchuse of new school uniforms and other necessa ries and all other arr~nge- mente incidental to attendance at a new school. 20 (c) Your 2nd . PETITIONER sta tcs tha t if the said school is to become ~ si~le-me d ium school, he und n number of parents of childr en who::le horns language is Afrikaans may wish to make arra nge ments for their children to attend other schools, but no uuch de cision can be t ukcn nor the neces s ary a rrangements ma de in reBurd thereto until the determi n a tion of this applic(\ tion , WHEREFORE your PETITIONERS PRAY ; 29 . PETITION THAT it may please the above Honourable Court to Brant an Order : Ca ) Condoning the ahort notice given to the Respondent in respect of this applica tion i n t erms of Rule 9 of the Rules of the Supreme Court of South Africa. (b) Setting aside the Respondent ' s decision to convert the HENDRIK VAN DER BIJL SCHOOL from a Parallel- Medium School to un Afri kaans Medium School. 10 (e) That the RESPONDENT pay the ccsts of this applica tion. (d) ALTERNATIVELY TO (tl and (0) : Tha t a Rule be issued Calling on the RE SPONDENT to show cause on a date to be fix ed by this Honourable Court (1) Why his deCision to convert the HEN DRIK VAN DER BIJL SCHOOL from a Paral lel Medium School to an Afrikaans Medium School should not be set aside. 20 (il) Why the RESPONDENT Should not pay the costs of this applica tion and (i ii) Tha t the aforesaid Rule cpera te a s a temporary interdict preventing the Re sponden t from in any way trea ting such School as other than a PARALLEL MEDIUM SCHOOL . Such an interdict to remain in opera tion until the final deciSion of this Honourable Court as to the 30 . PETITIon validity of the Respondent ' s decisi on . (e) FURTHER ALTERNATIVELY TO (b) (0) and (d); THAT a temporary interdict be granted against the Respondent preventing him from in any way treating Buch school as other than a PARALLEL- MEDIUM SCHOOL pendill8 the decision of an action to be brought by your PETITIONERS to set aside the RESPONDENTS decision. (f) For such other and alternative relief 8S may seem fit to this Honourable Court . 10 AND your PETITI ONERS as in DUTY BOUND WILL EVER HUM1lLY FRAY . DATED at VAN DER BIJL PARK this 5th day of JANUARY 1958. (Sg d) J. D. RICHARDSON JAMES DONOVAN RICH ARDSON let. PETITIONER (Sgd) H. J . WEYERS HENDRIK JOHANNES WEYERS 2nd . PETITIONER (Sgd) D. P . CAITHNESS 20 DENYS PETER CAITHNESS 3rd. PETITIONER (Sgd) J . L. WATSON FOR : THE SCHOOL COMMITTEE OF THE HENDRIK VAN DER IIIJL SCHOOL . 4th. PETITIONER . 31. PETITION IN THE SUPREME COURT OF SOUTH AFRIC A (Transvaal Provincial Division) In the matt er between : 1. JAMES DONOVAN RICHARDSON 2 . 3. DENYS PETER CAITHNESS 4 . THE SCHOOL COMMITTEE OF THE HENDRIK \"AN DER BIJL SCHOOL Applicants and 10 THE AIMINISTRATOR OF THE TRANSVAAL PROVINCE Respondent . VERIFYING AFFIDAVIT WE , the under signed, JAMES DONOVAN RICHARDSON HENDRIK JOHANNES WEYERS and DENYS PETER CAITHNESS do hereby make oath and say : l. THAT we are within- named 1st. 2nd . and 3rd. 20 Applicants. 2. THAT all the allegations contained in the afore- going Petition, are to the best of our knowled8e and belief, true and corr ect. (Sgd) J . D. RICHARDSON (Sgd) H. J . WEYERS (Sgd) D. O. CAITHNESS 32. PETITION The Deponents have acknowledged that they know and understand the contents of this Affidavit which was signed and sworn to ·oefore me at VAN DER BIJL PARK on this the 5th day of JANUARY 1958. (Sgd) J . G. van HELSDINGEN (2CSgt. 24395 COMMISSIONER OF OATHS TRANSVAAL PROVINCE 33. VERIFYING f.FFIDAVIT J . L . WATSON IN THE SU~RElotE ..Q.9YRT OF SOUTH AFRre.i. (TRANSVlVJ, PROVI~CIAL DIVISION) In the matter betvisen 1 . JAMES DONOV.i~~ RICHARDSON 2 . 3. DENYS PETER OAITHNESS 4 . THE SCHOOL COMMITTEE OF THE HENDRIK VAN D~R BIJL SCHOOL APPLICANTS - and - Tim AD1!INISTR.ATOR or THE TRJ..NSV.v.:, PROVINCE RESPONDENT VE..ll:IFYING AFFIDAVIT I, thu undersigned, JOHN LANC~ OT WATSON do hereby make oath and say 1 . T HAT I am the Chairman of the School Committee of the HENDRIK V~~ DER BIJL SCHOOL. 2. T HAT I am dulr authorised to sign tho aforegoing Petition on behalf of the said School Committee as appears from t~e Resolution of the oaid School Committee (annexure ' A' to the Petition) . - 3 - 34. VERIFYING i.FFIDAVIT J. L . WATSON T H 11. T the facts and allegations contained in the said Petition are within my knowledge and are true and correct to the best of my knowledge and b ... liof. (Sgd . ) J . L . WATSON. The deponent has acknowl edged that he knows and Wlderstands the contents of this Affidavit which was signed and sworn to before me at Vanderbijl Park on this the 5th day of JANUhRY 1958. (Sgd . ) P. J. van He lsdingen 2/Scrgt. 2439 3. COMMISSIONER OF OATHS TRANSVAAL PROVINCE. 35 . ANNZXURE ' A' RESOLUTION ANNEXURE I;. ' RESOLUTION OF THE SCHOOL COMMITTEE OF THE HENDRIK Vi.. N DER EIJL SCHOOL P,-.SSED AT A MEETING OF THE SCHOOL COMMITTEE HELD AT ¥l.NDERBIJLPARK ON THE 18TH DAY OF - --_DECEtdBER , ._1957.-- Dr. J.L. Watson . Dr. F.M . Vorster. Mr . J . D. Richardson. ~r. N.G . Webber . RESOLVED : That ll.pplication be made in the Supreme Court of South i.frice., Transvaal Provincial Division, in conjtU1ction w1th certain parents of ch:'ldren attending the school . (a) For an Order against the A~~1nlstrator of tho Transvaal Province, sotting aside his decision to convert tho said school froe parallel to singlo modium, and (b) If necessary, for a tomporary interdict against him to prevent him from implementing his doci~ion, and (0) For an Order that the Administrator of tho Transvaal pay the costs of the Applioation. That Dr. John Laneolot Watson be and hereby is authorisod to sign tho petition and to take all necos sary steps to bring tho Applicatien before tho Court on bohalf of tho Sohool Conmittce. SIGNED : J . L . WATSON CHi.IRMAlI . 36. ANNEXURE ' B I CIRCULAR Hondrlk van dor Bijl School. 4th "pril, 1949 . DC18r 14r . & Mrs . You aro kindly requested to road this circular very carefully, attach your signatures and roturn same without dolay. Pleaso consider this mattor as urgont end of euprGmQ importanco . In tho Transvaal thero are three typos of schools, vizl- 1. English Medium Schoole which only children WhOM homo language is English attend . In this type of School Afrikaans is taught as a subject and approximatoly four hours per week are dovo t od to tho teaching of this subjoct. 2. Afrikaans MGdiu..c Schools which only childrGn whose hooe language; is l.frikaans attend. In this typo of school English is taught as ~ subjoct and approxioatoly four hours per week are dovoted to the toaching of English. J . Parallcl ModiULl Schools . 4. (a) Children whos:;: home l anguage nay be oithor Afrikaans or English nay attend this type of school. (b) Childron rocoive tuition through tho medium of thoir wothor tonguo in soparate classos but mix freely on tho playground. (c) In certain subjocts pupils aro groupod togo t her (English and il.frikaans speaking pupils) and both media aro alternatively usod for instruction. 37 . ANNEXURE 'B I CIRCULAR Tho Hondrik van dar Bijl School 1s at present a parallel mcdiun school. In this school Assonbly is alternatively hold in English and Afrikaans on Monday mornings . Pupils ere group3d together for iiXt, Singing. Physical Culture, Crafts a~d Folk Dancing. In tho so languages ara on basis of equality and both culturos are respectod and childron arc taught to respect each other for intri nsic values rather than racial differences • .It must bo po1ntod..Q..l!-t that each parallol- Llodium schOol may detorl!lipo to a groat Qxtent its own policy, Your voto is absolutely essential in determining tho educational policy at '/andcrbijlpark. If you noed any fUrther elucidation kindly contact tho Principal. Sincerely yours, PRINCIPAL. Tho n~cs of our child(ren) attending the Hendrlk v.d. Bijl School is/are as followSl - STD . 1. We wish our child(ron) oither to attend a purely English Mediu..::a Sohool. (a) Signature of mother .••• (b) Signature of fathor • . ••• 2 . or We wish our child(rcm) to att Mr . &: Mrs ••• ••• •• • • • •• • •. Doar Paronts , At the Parants' lo!ooting on Wednosday 18th Jl.Ug. 1 955 it VIas '-U1.ani.::lOusly dQcidGd to ask all parent9 to sign this fore as additional ovidence when a deputation of the school cor:naittGO will soek an interviow With his Honour the ii.dninistrator. 10 Yours faithfully, (Sgd . ) Uartie hi. Reinocke, SECRETARY: SCHOOL COMMITTEE. We, tho W'ldorsigncd, father and mothor of______(Childrens names) at th~ Hondrik van dar Bijl School view with extreno con cern the a ction of the School Board as stat ed in a com- Iliunication rocoiv od on the IDt JUly, 1955, on tho grotu1ds t ~t: 20 a . 1 t creatos a sorious u..'1balW'lco in the numbers of Afrikaans and English speakill8 children. b. that this serioue unbalance jeopardizes the aims, objects and purposes of tho school as a parallel Dodiua Behoel and e . that it could lead to a yet greater differenco in nuobers with tho danger that tho seheol eeasee te bo a paral lel mediae school. d. That this unbalanco will be duo to unnatural means. We appoal that our childron arc not romoved from the Hendrik van dor Bijl Schoel. FATHER ' S SIGNATURE •• .•••• • • •• •••• • • ADDRESS: !.5:0rHER'S SIGNJ.. TURE • •••• • • •••••••••• DATE: 39. JJifNEXURE 'D' REFEfu.'""NDUM ANNEXURE ' D' WE , THE UNDERSIGNED, Pi.RENTS OF PUPILS AT THE HENDRIK Vi.N DEE BlJL SCHOOL, HEREBY ii.PPEAL TO THE PROVINCIJ..L AUTHO RITIES TO LEAVE THAT SCHOOL PERMANENTLY AS A PARll.LLEL MEDIUM SCHOOL . We have heard and road various arguments to tho effect that parallol- mediuo education is not worth whilo ; that tho children do not really mix on the playgrounds and other specious arguconts put forward by persons not imbued with tho same ideals as ourselves. But wc do know that tho following facts carmot be doniod;- 1 . That our children are growing up to rospect those children spoaking tho other official languago, becauso they 'belong to the same Bchool. 2. That oach child is taught in his or her mothor tongue. 3. That thoy learn to speak each othor's language and undorstand each othor ' s traditions far, far soon or and better than if they had been in separatG schools. 4 . That thGy mix freoly on the playing fields as well as in all extra- mural activitios of tne schcol . 5. That English and Afrikaans speaking parents havo constantly worked together to build up ono of the finest schools in tho country. 6. That our childron attending this school are doing so by the froe choice of us, their parents . Wo sao all arcund us how pupils in singlo- modiuc schools roact towards pupils in tho other language- medium ,0 . ANNEXURE I D I REFERENDUM schools and how, in such schools, a feeling of dislike and distrust is built up betwoen t ho two language groups, Irrespoctivo of our hono l anguage or pol i tical opinions, wc are desirous of assisting in tho building up of a W'litod South African nation and wc know that our parallol- Dodium school fostors tho right spirit and goes a long way towards the ful fil Iilent of our ideals . I n all sincerity we ask that tho Hcndrik van dar Bijl School romain a parallol-oodium school, ovon after Our children l oavo tho school, f or the sako of tho many follow- citizens whose idoals are the same as ours and whO::lO children will follow our childr en at t ho school. SIGNED : FATHER ______SIGNED: ilIOTHER______ADDRESS : OR WE DISAGREE WITH THE ABOVE . SIGNED: FATHER ______ SIGNED: MOTHER_ 41. ANNE1'U~ 'E I LETTER - 7. 2.56 . ANNEXURE I E I c/o Hendrik van dor 3ijl School, Marconi Stroet, VANDERBIJLPARK . 7th February, 1956. Tho Secrotary, Voroenlging School Board, P. O. Box 111, VEREEJ.'UGING . Doar Sir, I h!:'.vo boen instructod by the Paronts ' Associa tion of the Hondrik van dar Bijl School to ask for en interview of a deputation of parcnts with the School Board at a special moeting on the 18th February. 1956, or any data convenient to yourselves thereafter as possi blG. Kindly l et me know as soon as possible the date on which you can Dost tho deputation. Yours faithfully . SECRETARY Pil.1'iENTS I J.SSOCI1l.TION HENDRIK VAN DER BIJL SCHOOL. 42. J.NNEXURE 1 F' WTTER - 9 . 2. 56. UNION OF SOUTH l.FRICA TRl.NEVA"!. EDUCATION DEPilRTMENT VEREENIGING SCHOOL OOARD P . O. Box 111, VEREENIGING. 9 FobruariG 1956 . The Sacrotcry, Parents ' Association, Hcndrik Ven dar Byl School , VANDERBYLPiI.RK. Dcar IlIad&!, HE: I!1TERVIEW. '<'lith roforence to your lottor dated 7-2- 56 I am directed to inquire why yotc' Association cannot wo r k through your School OOtID i tteo . As the School CowrnittO€) is the of ficial body roprosenting tho parents of tho school, all correspondence to this office should be addressed through your School Cowrnitteo . It will also be necessary to stato tho reasons for your request to havc en interviow. Yours fal thfully. (Sgd.) SECRET1I.RYI SCHOOL roiJID VEREENIGING. 43 . A.N~""EXURE ' G' LETTER - 13 . 2. 56. J..NNEXURE ' G ' c/o Hendrik Van dol" Bijl School, Marconi Streot, VANDERBIJLPARK . 13th February, 1956. Tho Socretary, Voreoniging School Board, P. O. Box Ill, VEREENIGING . Dear Sir, ro: INTERVIEW . In reply to your latter of tho 9th February, 1956, to the Secr etary of the Par(mts' Association of tho Hondrik van del" Bijl School we would liko to stato that in conjunction with tho abo'ro body tho school cODlllittee would like a spocial intorview with your board on Sat urday t ho 18th Fobruary, 1956, or as near as possible to this dato to discuss t he futuro of the Hondrik van dol" B1 jl School . Yours fei thfully, CHAIRMio.N - SCHOOL COMMITTEE HEND1IK VANDERBIJL SCHOOL . 44 . ANNEXURE ' H I LZTTER - 23 . 2 . 56. ANNEXURE 'H ' Verw. No. 1(26 TRANSVAAL EDUCATION DEP.li.RTMEN'T VEREENIGING SCHOOL BO.UID . P. O. Box Ill, VEREENIGING . 23 Febr uary 1956. The Ohairman, Hendrik ven dar Byl School COmmittee , P . O. Box 145 . VANDERBIJLPARK • Doar Sir, HE : INTERVIEW With roferonco to previous correspondonce, I wish to inform you that my Board decidod to grant you the roqRiren intorviow on 20th March 1956 at 2.45 p. m. YOurs faithfully. SECRETARY VEREENIGING SCHOOL BOARD . 45 . ANNEXURE 'I I LETTER - 29.6, 56. Ai'iNEXURE ' I ' HENDRIK V.W DER BIJL SCHOOL PARENTS ' ASSOCIATION P. O. Box 145. VANDERBIJLPARK . 29th JW10 , 1956. Dr . H. do P. van Wyk, Director of Education, P. O. Box 432, PRETORIA . Dcar Sir, Re: Hondrik v . d. Bijl School Medium. Tho Parents ' Association of this School hus instruc- ted ue to convey to you thoir doep regret at not having received a reply to their telograms and ploas for an intorviow. My Conmittea feGls that e. personal interview could clear the air and an amiable sattlement of a question that is causing a great doal of dissatisfaction in this town bo r oached. We hava not roceived e direct r eply from you and still hope that you may sec your way cloar to interview our Conmi ttoo . Yours faithfully, HON . SECRETARY . 46. ANNE-TImE ' I ' TELEGRAM ANNEXURE ' I ' TELEGRAM REPLY PAID. POST OFFICE TELEctRAPHS TO Dr . Ven Wyk, Diroctor of Education Volkekas Building, PRETORIA. PARENTS SERIOUSLY PERTURBED BY PRESS REPORT THAT PaRENTS REPRESENTATION WILL NOT BE GlL'l.NTED INTERVIEW RE CHANGE OF MEDIUM HENDRIK Villi DER BYL SCHOOL. PLEASE iLDVISE 'IiHEN INTERVIEW !4.'.Y BE EXPECTED . FROM D. THOMAS, BoorGtary P<>..rents Association, Box 145. VMmERBIJLPllK. 47 . ANNEXUR:i:; I J ' LETTER - 5.7 . 56. ANNExuru:: I J ' THE TRANSV1.AL EDUCATION DEPARTMENT. P. O. Box 432, PRETORIA . 5 JUL 1956 . Tho Secretary, Hendrik van dor Byl School Paronts' i.sscaiation, P. O. Box 145. VANDERBYLPARK. Maden, HENDRIK V J\.N DER Bl'L,-"SC",H"O",O",L'-'.-,,,,,,,E]),,I,,UM~ With reference to your tolegrac and letter dated rospoctivoly 6th and 29th Juno, 1956, I havo tho honour to inforo you that tho Exocutive Committoe reconsiderod the mattor a.t its mooting hOld on 26th J une, 1956, when that body rosolved to adhero to its previous decision, viz. that tho languago DodiUQ of the school shall be Afrikaans as from 1957. The Dopartmont abidos by this decision which will be observod. As far as the Departmont 1s concornod tho afore- mentionod decision disposes of t ho mattor and it is a.ccordingly regretted that ~o good purpose would be served by accor ding yOul' Commi ttoo an intorviaw thore- anont. DIRECTOR OF EDUCATION: TRANSVAAL . 48 . ANNEXURE ' K I LETTER - 8. 8. 56 . ANNEXURE 'K' Hendrik van dar Bijl School Cocmittee , P. O. Box 145. VAl'l'DERBIJLPARK . 8th august , 1956. Tho Right Hon . Dr. Nicol , AdDinistrator of tho Transvaal , Old ~vornncnt Buildings, PR.J:.""'TORIJ. • DoD.!' Sir, ro: HEll'DRIK V.AN DBR BIJL SCHOOL . As roquostod by the :Parents ' i.ssociation of this School wa hereby forward tho following rosolutlonl- "That tho AdDinistrator appoint a comoisslon of enquiry into the circumstances surroundi ng tho proposod chango of medium of tho Hendrik Van dar Bijl School." Tho Paronts have requested that this be dealt with as a uattor of extroma urgency. Yours fai thiully, CHAIR1tA.N HENDRIK .y.il.N DER BIJL SCHOOL COMi,uTTEE. 49 . ANNEXURE 'L' LETTER .• 8 . 8.56. Hondrik van dar Bijl School Cocuittoo P . O. Box 145 . VANDERBIJLPARK . 8th August , 1956. Tho Secretary, Executive Council , P. O. Box 531 , PRETORIA . Doer Sir, RJ:: : £1ENDRIK Vil..l'l DBR BIJL SCHOOL As roqucstod by the Faz-onts 1 Association of this School we hereby forward the following r esolutlonl - "That tho J.dministre.tor appoint n cOIlllilission of enquiry into the circUEstancos surrounding tho proposed change of modium of tho Hendrik ven dar Bijl School." Tho parents havo roquested t hat this bo dealt with as a oet tor of extrGo e urgency . Yours faithfully. CHAIRMAN • HENDR IK VAN DER BIJL SCHGOL COMM ITTEE. 50 . ANNEXURE 'N' LETTER - 8. 8. 56. ANNEXURE ' M' Hondrik Van dar Bijl School Concittee, P. O. Box 145, VANDERBIJLPARK. 8th August. 1956. Mr. J.n.L. Havonga, 1, Rood Stroot, WESTONA,..:UA. Doer Sir, REI HENDRIE: VAN DER BIJL SCHOOL As requostod by tho Parents' Association of this School wo heroby forward the following r esolution: "That tho Administr ator appoint a cOlllmission of onquiry into the circumstances surrounding the proposod ohango of medium of the Hendrik van dar Bijl School. II Tho Paronts have requested that this be dealt with as a ~ttcr of extreme urgoncy. Yours faithfully, CHAIRMAN • HENDRIK VAN DER BIJL SCHOOL COMMITTEE. 51. lLNNEXURE 'N' LETTER - 8. 8. 56 . ANNEXURE ' N' Hcndrik van dar Bijl School Couoitteo, P . O. Box 145. VANDEil.BIJLl'ARlC . 8th j.ugust, 1956. The Secretar y, Vorooniging School Board, P . O. Box I ll , VEREENIGING. Doar Sir, HE: HENDRIK Vt~ DEil. BIJL SCHOOL A~ r oquested by t ho Parent s ' A$$ooi~tion of this School VI ;) hcro.by forlVcrd t ho following r osoluticnl - "That tho il.dninistrator appoint a cCDJaission of enquiry into the circUllstancos surrounding tho proposed change of ~cdiUll of the Hcndrik V~ der Bijl School." Tho Parents havo requested that this be deal t wit h as e. lilattOr of extrODC urgency . You:-s faithfully. CHAIRMAN' HENDRIK V1IN DER BIJL SCHOQ.L COMMITTEE. 52 . ANNEXURE ' 0 I LETTER - 10.8.56. klmEXURE '0' OFFICE OF THE .\DMINISTfu~TOR OF THE TRANSVAAL P . O. Box 383. PRETORIA. 10th August. 1956. Doar Dr. Watson , I an directod by the Honourable tho A~inlstrator to acknowledgo the recoipt of your lotter datod 8th August 1956, in connoction "Nith tho requost of your Parents ' Association that a COlllfili ttoa of Enquiry bo appointod to investigato the circuostancos surrounding tho proposod chango of oediuw of the Hendrik Ven dar Bi jl School. A roply will be forward ad to you in due couraa. Yours faithfully, PRIVATE SECRETARY. Tho Chairman. Hondrlk van der Bijl School Par.onts ' Association, P. O. Box 145, VANDERBIJLPi..RK • 5 J . ANNEXURE ' P ' LETTER - 1~ . lO.56 . 'P' Tho Chell'l!l.8l1, Hondrik ven dol' Byl School Parents ' ~8soci ation , P. D. Box 145, VANDERBYLPARI( • (Copy for your inforoation plouso). SECRETARY. 16th October, 1956. Tho Chairn::m, Hendrik van dol' Byl School CODllittoo, P. O. Box 145 , VANDERBYLP111U( • Sir, HENDRIK VAN DER EYL SCHOOL. L)EDIUM Wi th reference to your l etter datod 8th August 1956 I have tho honour to infore you that the Executive Cocmittoo roconsiderod tho Dutter at its Dooting held on 8th October 1956 and rosolvod;- "Dat (alhoowol) d10 Ui tvoorlZlndo Koni too dour die bepalings van die Onderwysordonnansie wol geoagtig is om dio Engelscod1uc loerlingo van dio liondri k van dGl' ]1jlskool 001' to plaas na dio Olivor Lodgeskool, (dear) by die jongsto bcsluit in h101'd10 vorband dio prcsoduro dour dia Ondorwysordonn~~sio voorgeskryf nie in alIa bosondarhodo nagekoc is nie an dio gonoecde bosluit bygOVOlg as niotig boskou J:l.Qot word . " Yours faithfully, SECRETARY I VEREENIGING SCHOOL BO~l.RD . 54. ANNEXURE 'Q ' LETTER - 19 . 10.56. ANNEXURE 'Q' Hondrik van d or Bi jl Skoel Ouorsvoraniging. Fesbus 145. VANDERBIJLPilRK. 19 Oktobor 1956. By Edole, Die iLdministratour, Provinsiale Raad, Pesbus 383 . PRETORIA . Geagte Dr. Nicol, Daie denkio vir u brief van 4 Oktobor. One hog hiorean TI afskrif van TI briof, godatoor 16 Ok tober, wat ons van die Skoolraad on~lang hot. Ons mo rk daaruit dat dio Hondrik van dar Bijl Skoel nou sal voortbostaan as TI parallol- nodiuo skoel en ons wil dU8, namons dio ouare u on die Uitvooronde KooitoQ hartelik bodank. Dienswillig de uwo , VOORSITTER : HENDRIK VAN DER BIJL SKoaL OUERSVERENIGING. 55 . ANI;"EXURE 'E' LETTER - 22 . 10. 56. AIl ~'"EXUiill I R I OFFICE OF THE J.DMIN I S~RATOR OF THE TRJJifSVAAL P. O. Box 383. PRETORIA . 22 Oktobar 1956. Gaagte dr. Watson, In antwo or d op u brief dian die volgendo . Die Uitvoerondc Komi"oo het opdrag gegco vir die kennlsgewing wat U op 16 Oktober V(ill die Skoolraad ont v n.:ng hot . Die Skoolraad het opnuut n aanbovoling ontrant die voortaul van die Hcndrik van dar BijlskOol gedcen l'Iat oorsdaags voer Uitvoerondo KOr.litoe sal dion. Mo t Agting, dio uwa , W. Nicol. Die Voersi ttar. Hendrik van dar Bijlskool Ouorsvcroniging, Posbus 145 . Yillill,.BRBIJLPARK . 56 . llNNEXURE ' S ' LETTER Vorw No. 1/26. TRANSVAAL EDUCATION DEPJiRTLIENT VEREENIGING SCHOOL BOARD. P . O. Box Ill, VEREENIGING. Tho Chairme.n Hcndrik van dur Dyl School Conuittoo, P . O. Box 145, V1LNDERBYLPARK • Sir, HENDRIK VAN DEB Bn SCHOOL I MEDIUM For your inforQetion I quote hereunder extract of a lotter received frOll tho Diroctor of Edu.cationl - "Dio Uitvccrondo KOllitoo het by baslu.1t No . 40)2 van 7 Novonbcr 1956 bopaal tat , Dot ingang van 1957, die Hondrik van dol' Bijl Parelloloodiuu Leer Skoel opgohcf word, !lilt 'l1 nuVlo skoel Dot slogs Mrikaans as voortaal on wet bckcnd sal staen as die Hcndrik van dar By1 Afrike.ansoodiU!l Lnor Skoal in d10501fdo gobau daargostol word on dat dio Oliver Lodg€ Engolsmodiuu Leer Sko el, we.ar allo fasilitoito goske :.::oct word om reg to laut goskiod a.o.n dooltroffonda Laer ondorwys, tot boakikking ven dio Engol~odium loorlingo vnn dio vorigo Hendrik vnn dor Byl Para llollliodiw.l I 'eer Skeel gestol word . " Yours faithfully, AGT. SECRETARY; VEREENIGING SCHQQL IDlJID ~ JdeJ/ddl'l. 57 . liliNEXUrtE ' T ' REF:BRENDm,j We, tho undorsigned par ents of pupils proeontly attending the Hcndrik van dcr Bi j l Schuol havo hoard of tho decision to closo this School down frau tho cnd of 1956 or in souc other we.y to prO'fcnt it fron functi::mi ng as a parc.llol o cdiun school. iVd apPo::ll t o tho Provinei::!.l Autheri tics t o ro conoidcr their decision b()COUBC we soriously and e arn- catly wish t ho school t o continuo permanontly as a parall"l D.odiUll BchOt'I. Wo r cquo:=st that our children be educated in according Vii th our wishes . nODoly that tho Hcndrik Van dcr Bi jl School be left a s ~ parallol modlUI.l schOol 80 tr_Bt our children can a ttend sucll un institution. ,8 . ANNEXURE 'U ' TELEGR.'IM i,NNEXURZ ' U' T E LEGRAM TOI DR. W. NICOL , ADMINISTRATOR, OLD GOVERNMENT BUILDING, PRETORIA. MR . HAVENGll. 11 . P.C , VANDERBIJLPARK PUBLICLY STATED MEDIUM. OF HBNDRIK VAN DER BIJt SCHOOL WILL BE CHANGED IN VERY NEAR FUTURE AND AFTER PROVINCIAL GAZETTE PROCLAMATION 27 NOVEMBER NOTICE 365 THE SCHOOL COMMITTEE IS PERTURBED .um ViISRES TO NOTIFY YOUR HONOua J\.ND EXECUTIVE COMMITTEE THAT THEY STRONGLY OBJECT ON BEHALF OF THE PARENTS TO ANY CH.WGE OF MEDIUM OF THIS SCHOOL . AN INTERVIEW WILL BE APPRECIATE]) IN ORDER TO OBVIATE FURTHER MISUNDERSTANDING. LETTER FOLLOWS. FROM: HENDRIK VAN DER BIJL SCHOOL COMMITTEE. NAME OF SENDER ADDRESS OF SENDER N.G . WEBBER . 53 BEETHOVEN ST., VANDERBIJLPARK. 59. A.i1NZXtnm ' V ' LETT3R - 28 . 11 . 57. Hcndrik van dar Bi jl School Couoittoa, P. D. Jk;x 159. ViillDERBIJLPi.RK • 28th Novocbor, 1957. Dr . W. Nicol, Ji.dr:i inistrator, Old GovurnuGnt Bu.ilding, PRETORli. < Dour Sir, At e public political moo ting hold in Vcndorbijl- 10 pQ.rl~ on 19th Novoubu!', 1957 , Mr . J . L. D. Havonga, Prov in- ciel Council Maubor for Vorccniging Distri ct, doclarad tha t the uodiUlil of the H.:lndrik van der Bijl School is to be changed in tho very noel' future. Tho Zducc.ti on Ordinance 8.0 amen dod by No tice No. 365 in tJ:.c Pro'rinclaJ. lJezotto detad 27th Novottbcr. 1957, stat08 that "the children shall be educa ted in acco t dance with such wishes of their par en; ~ as may be conveyed by the parents to the Department by means of a School COlll!lli ttes . " I have therefore been instructed by my committee to make it clear that the par ents of pupils at the Hendrik 20 van der BiJl School Wish that their children shall continue to be educated in a parallel-aedium school and that they are .... ery strongly opposod t o any change in the present character of the s chool . We therofore r especofUlly request your honour on behalf of the parents to respect the Wishes of the latter and t~ give us an opportun~ty of pr es~nting their views at un interview before any action to change the medium of the school as f oreshadowed by Mr. Havenga is taken. Yours faithfully, N. G• WEEBER . SECRETARY . 60. ANNEXURE 'WI, AFFIDAVIT - B. G. WEBBER ANNEXURE 'WI, IN THE SUl'REME COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) In the matter between : - JAMES DONOVAN RICH.AJ!DSON AND OrHERS APPLICANTS and THE All4INISTRArOR OF THE TRANSVAAL PROVINCE RESPONDENT AFFIDAVIT I , the undersigned, NEVILLE GAUCHE WEBBER do hereby make oath ~d state that : L I am the Secretary of the SCHOOL COMMITTEE of the HENDRIX vJm DER BIJL SCHOOL. 2 . I was present as a Membor of the deputation at the intorviow between tho Members of tho School COIll mittee and the Administrator in Executive Committee held on the 9th DECEMBER 1957 at 3 p.m. J. Dr. WATSON Chairman of the School COmmittee advised tho RESPONDENT that the deputation represented tho parQlrta who dosired that the achool should not be ronvortod to Single Medium , ~d he made tho following points I (a) Both white raC~B havo to remain here for all timo and should loarn as oarly as possible to livo amioably with oach other. 61. l.. ,NNEXURE ,Wl , AFFIDAVIT - N. G. WEBBER (b) Tho stablising influenca of an established school with tradition is very neoessary in !l rapidly growing industrial town such as VAN DER BIJL P.\RK. (0) Thi.1 school as a Pa rallel Modium institution had been a great success and tho parents of all groups have given their wholehearted suppor t to the School and have work od together 1n support of the School fa~ds and dcho01 functions . This in itself wae a stabilising influenoo . 4. Tho RBSPONDENT placed before the deputati on tho foll owing figures and racoW1ondations which he stated had boon furnished to hilu by the VEREEN I GING SCHOOL BOARDI ( i ) Tho primary soMal' of V1ili DER BIJL PARK hov o 'prosently a coommodation for 2518 (TWO THQ US,AND FIVE HUNDRED liND EIGHTEEN) Afrikaans Medium studonts, while t ho minimum expectant enrolmont for 1958 wi ll incr ease to 2134 (TWO THOUSAND SEVEN· HUNDRED A.ND THIRTY FOUR) . Thero will thcraforo ba no accommodation for 216 (TWO HUNDRED iiliD SIXTEEN) ,.frikaans Mcd i1..lID. students . (ii) Thera 10 prosontly accommodation for 1024 (ONE THOUSAHD JiliD T'."r.!lliTY FOUR) English Medium studonts . Tho School Board therofore recommended (a) A chano;;:o in th& Me dium of t:10 HENDRIK 'l.AN DBR BIJL SCHOOL to i.frikaans Medium which would pro·· v id~ accommodati on f or a further 413 (FO~R HUNDRED AND THIRTEEN) A.frikaons Medium students in that school and would l eave room for an extra 191 (ONE HUNDRED AND NINETY SEVEN) Afri kaallS Medi um s tudents. It 1s oxpected that thi s surplus I'/ould be fillod during 1959 . 62 . ANNEXURE ' I'll , AFFIDAVIT - N.G . WEBBER (b) That the 770 (SEVEN HlTh"DRED AND SEVENTY) English Medium students expected in 1958 should bo placed in the OLIVER LeDGE SCHOOL (English Medium) and in 5 (FIVE) temporary classrooms which wore at the VAXL HIGH SCHOOL . Thoso temporary classrooms presently stand on the grounds of tho OLIVZR LODGE SCHOOL. 5. The RESPONDDl"T further informed tho deputation that in the light of tho School Board recommendations the only solution was to convert the HENDRIX VAN DEE BIJ1 SCHOOL into an il.frikaans Medium School since the Ordinance lays do'ffl). that preference must ::·0 given to Singlo Modium Schools . 6, Thereaftor Dr. Wutson stated that tho suggested rGIllcdy for the shortage of accol!llllodation which was only temporary and would be solved by the completion of the new primary school in 1958 was very drastic as it 1nvolved changing tho character of the HENDRIx: VAN DER BIJL SCHOOL against the wishcs of the parents and he felt that other solutions which did not i nvolvQ the drastic step of chang ing the school medium could be found . 7. My ~prossion was that tho RZSPONDENT had already made up his mind to convert the School from a Farallel to a Singlo Medium School and that he only received tha deputa tion as a matter of foro and thet he was not interested in nor would ho give any weight to the wishes of tho parants concerned. N. G. 'j,'EBBER . T"he deponont has acknowledged that ho knows and understands the contents of this Affidavit which Was signed and sworn tc baforo me at V,AN DER BIJL PARK on this the 5th day of J.'UiUARY. 1958 . P.J . van Hclsdingcn 2/Sgt . 24595 COMMISSIONER OF OATHS . TR;.NSVAloL PROVINCE . 2 63. ANNEXURE 'W I AFFIDAVIT - J . L . "/ATSON IN THE SUP!mlE COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) In the mattor botween I 1. JJiMES DONOV.l'l RICHARDSON 2. 3. DENYS P~TER CAITHNESS 4. THE SCHOOL COMMITTEE OF THE HElIDRTIC VAN DEB BIJL SCHOOL J.PPLICANTS and THE ADMINISTRil.TOR OF THE TRANSVAAL PROVINCE RESPONDENT AFFIDAVIT I, tho undersignod, JOHN LANC3LOT WATSON do borcby mako oath and say 1. T HAT I am the Chairman of tho School Committoe of the RENDRIK VAN DER BIJL SCHOOL. 2 . T HAT I led the deputation from tho said School Committeo at tho interviow with tho Respondont on the 9th DECEMBER 1957. 3. T HAT I havo read the Affidavit of NEVILLE GAUCHE WEBBER (Annoxure 'WI , 1;0 the Peti t1on) and confirm 2 63 . ANNEXURE • W , AFFIDAVIT - J.L . WATSON IN THE SUPRmdE COURT OF SOUTH AFRICA (TRANSVA1~ PROVInCIAL DIVISION) In the matter botwoen I L JJlMES OONOVA1l RICHARDSON 2 . HENDRIX JOHt.NItES WEYERS (known 8.8 osCAR WEYERS ) 3. DENYS PETER CAITHNESS 4 . THE SCHOOL COMMITTEE OF THE HENDRIK VAN DER BIJL SCHOOL APPLICANTS and THE ADMINISTRATOR OF THE TRANSVAAL PROVINCE RESPONDENT A F F I D A V I T It tho undersigned, JOHN LANCELOT WATSON do horeby make oath and Bay I 1. T HAT I am the Chairman of tho School Committoe of thO HEN:oRIK VANDER BIJL SCHOOL . 2 . T HAT I lod tho deputation from tho said School Committoe at tho interviow with the Respondont on tho 9th DECEMBER 1957. 3 . T HAT I have read the Affidavit of NEVILLE GAUCHE WEBBER (Annoxure 'WI, to the Petition) and confirm 2 64 . ANNE..XURE I W , AFFIDAVIT - J .L. WATSON tho statements made by him thoroin. 4 . T HAT I too had thG iD.:pression that the RESPONDENT had already made up his mind to convert tho School from a Parallel McdiUlll to Single Mediuo School end that he only received the deputation as a matter of form and that he Vias not intorostod in nor would ho give any weight to the wishes of the> paront e conccrnod. J . L . WATSON. The doponent has acy~owlodged that he knows and understands tho contents of this Affidavit which was signed and sworn to bofore me at VJ.Nl)ERBIJLPARK on this tho 5th day of JANUARY 1958. P. J . van Helsdingon 2/Sgt . 24595 Cm.1MISSIONE3. OF Oi.THS. TRANSVAJ.L PROVINCE. 65. AnNEXURE 'X! LETTER - 10.12. 57 . 10th Dacamber 1957. Tho Honourablo t ha Ji.d.ministNI.tor, Tra.~sv~al Provinco, 1' . O. Box 383, PRETORIJL Sir, RE: THE iiENDl!,IK VIlli DER BIJL SCHOOL. 'oVith furthllr rcfuroncJ to our lotter of today ' s date, for tho purp083 of prlpering our application our clients hcvo aok~d us to obtain the following documents; ( a ) Tho relevant mi:lutos of tho Il';,)tings of tho VEiiES.'1IGING- SCHOOL l3OiJU) which resulted in the recommendation to tho Diroctor of Education in terms of tho provisions of Scction 40 of tho Education Ordinanco. (b) Tho rocord of tho proceodings at which tho School CocmittoG convoyod to you tho wishes of the paronte in torms of Suction J (d) of tho Ordinance as amended. Would you pleaso bQ good enough to furnish us with capias of thoso documents or to cako nrr~~gamonts for ua to obtain thuID as soon as poasiblo . Wo havo t ho honour to bu. Sir . Yo·~r obodient Servants , CHII.RL!::S LEWIS AND LaZAR. REGIST:i::R.:.lJ POST 66. ANNEXURE 'Y ' LETTil~ - 10.12.57. ,iliNEXURE ' Y , 10th Doeember, 1957. The Honourable tho h~inist~ator, Transvaal Province, P. O. Box 383, P&:."'TORIA . Sir, Wa ara instructcd by our clients, tho Schoel Com- mittoc of tho HENDRIK ViI.N DEB BIJL SCHOOL and individual parents of the childron attending this school to inform you that our clients intend to make an Application to the Supreme Court to set aside your doacision yestorday to convort this School from parallel medium to Afrikaans mediUlIl as from the 1st. January 1958 . Whilo we can assure you that vie will prepare the necessary petition 813 expediti ously as possible we feel that an application cannot be heard inmcdiatcly for tho follewing reasons: (0.) The petition may well take scveral weeks to prepare. (b) You will require time to roply thereto . (c) TiEo Qust be loft for our .i..nsworing Affidavit thoreafter. (d) Tho Supre~o Court will bo in vacation from the end of this wcek . (e) TbG schools vacation also commencos on Friday, 13th December, so that a certain amount of difficulty will bo expericnced in obtaining necessary inforoa- tion. Your deCision has boen taken at a time which only l eavos a Iilsttor of souo threo woeks before its i mploa!llenta tion, and during which per iod our clionts are faced with thc additional difficulty cf arranging adequate consulta tions with their legal advisors because of tho intorvoning holidays . 67. ANNEXU:: Accordingly WQ roapoctfully r equost on baho.lf of our cl ients that you delay tho iuple Iil~n tntion of your d~cision pending tho outcome of tho applicati on. Wo estimate that it should b.:: posaible to have this oc.tter hccrd i n tho second half of Janucr y . Wa s hall bo gl ad i f you will reply as soon as p08sible to this requost . We havo the honour to bo, Sir, Your obedient Sarvant s, 68 . ANNE..WRE 1 Z ' LETTER UNIOH OF SOUTH AFRICA OFFICE OF T~ ADMI NISTRATOR OF TRANSVAAL, PRETORIA . • • . •.•• • 195 • •• .• trlossrs . Charlos Lowis & Lazar, P. O. Box 7390, JOHAmmSBURQ. Gontlao,ln, LiE: THE HENDRIK VAH DER :aYL SCHOOL . Pursuant to a. consideration by tho Execut ivo 000- 10 mittoe of your lettors herein of tho 10th instant, addrosood to tho Hon . tho Administrator, I have to advise you that the Executive Coouittsc is not prepared to accede to your r e quost to delay tho iDploDontatlon of its decision regard- ing tho abOVODontioncd school by reason merely of a throat of logal proceedings, unsupported by any referonoe what- over to the grounds upon which the alleged proposed pro coodings ure to bo based. In so far as accoss to thG Minutes of School Boar d oeoting~ is concern~d, your attention is directed to the 20 provisions of Section 38 of the Education Ordinance 29 of 1953. With rogard to tho request containod in paragraph (b) of tho socond of your lettors under reply, i t oust be pOinted out that notes of ir.torviews grantod by the Execu tive Coonittoe arc regarded puroly as a oett~r of donestic routine and not as authonticated public rocords. No r eason has been advanced for departure fron that practice in the present instance, particularly in the absonce of any indi cation of the relevanco of that intorview to tho alleged propo~cd proceedings. 30 Yours faithfully, PROVINCIAL SECRETARY . 69. ANNEXURE 'w.,' REPORT CONFIDENTIAL TRlJ'l'SV.'uiL l]DUCATION DEP.\RTIlIENT REPORT O? INSPECTION: J:.?.!!h..JJth. 13th nnd 19th .,{i.UG. 1949. IillNDRIK VAN ~ BIJL SCHOOL VEREENIGltiG SCHOOL BOIIR]2. PRIl1CIPAL : lo1R . 1• • 5. NEL. In view or tho fact that Hondrik ven dor Bijl School is a parallcl !ilodiU!:J school and tho prQviou,s roport wa.s 10 issuod in Afrike.o.na thitl roport is baing aubLli ttod in English. Th() school came lnto o:datonco e. 11 ttl .. over throe yOel'S ago I'Ihcm i t I:jtartcd on a lilodest scal.o With a staff of four and an onrol~ont of I1ttlo over ono hundrod. Tho proscnt onroloont is just u.~dor ono thousand children in tho caru of twenty eight tcachor~. The main building was erected for the normal primary school complement of 450 soholars. To cater for the over- flow ten temporary classrooms and two tents have been 20 added. Llore tents are urgen,ly needed . Two new schools are in course of erection and reports indicate that they will be available for occupation a t the beginning of 1950. They will afford'· much needed relief to Hendrik van der Bijl School but, it is feared, only temporarily, ae a new influx of e thousand families is expected in tho first half of 1950 when the steel works go into full prodUction. It is obvious, therefore, that urgent provisions for further primary and at lea~t one secondary Bchool will have to be made. 30 With regard to Hendrik van der Bijl School, the approach through the garden is a joy especially in the 70 . ANNEXURE ' AA' REPORT summer months . There are well over a thousand matured rose trees, and hundreds of ornamental shrubs, besides colourful beds of flowers in season. To the rear of the premises the well cared for vegetable and nursery gardens betoken an equal love of garioning. A rockgarden dis- playing succulents, grassed rugby- cum- cricket fields, and basketball fiolds complote tie picture. Tho laying out of tennis courts has of necossity to be postponed because the available space for them has been taken up by temporary classrooms and tents. The principal is to be congratulated 10 on the (lxccllont layout of t:1C grounds and the hard work to maintain them in their prssent state. It is strongly recommended that the assembly ground at the back of tho school be asphalted. The buildings are in good state of repair and this in spite of the overcrowding that has perforce taken place . Much cffort has been spent on doc oration of class- rooms and most of thom are bright and attractive. The "Janovsky" tYJ)o of temporary classrooms has tho natural cement finish and a ccat of cream distemper would be a 20 distinct 1mproveD~nt as regards light and attractivenoss . Thore is unfortunately little wallboard spaco for display ing the childr~n's work . These twc pcints might roceive attention when the classrcoms arc erected in future. In the meantime it is recommended that these defects be reme- died as soon as possible in tho existing classrooms. The onormous influx of population tc Vandorbijlpark has of necessity brought concom~tant difficulties affecting the organisation and work of the school. Pupil s wero being enroll ed at tho rate of 150 per 30 t0rm. These came from many parts of tho Union as well as from Overseas. 70. ANnEXURE I AA' REPORT summer months. There ar e well over a thousand matured rose trees, and hundreds of ornamental shrubs, besides colourful beds of flowers in season. To the rear of the premises t he well cared for vegetable and nursery gardens betoken an equal love of gardening . A rockgarden dis playing succulents, gra ssed rugby-cum-cricket flel~8, and basketball fiolds completo the picture. The laying out of tennis courts has Of. necessity to bo postponed because the available space for them haa been taken up by temporary clnssrooms and tents. The principal is to be congratulated 10 on the excellont layout of the groWlds and tho hard '{{crk to maintain them in their present state. It is strongly recommended that the assembly ground at the back of the school be asphalted. The buildings are in good state of r epair and this in spite of the overerowding that has perforco taken place . Much effort has been spent on decor ation of class rooms and most of them are bright and attractive . The "Janovsky" typo of temporary classrooms has the natural cemont finish and a coat of croam distemper wo uld be a 20 distinct improvoDcnt as regards light and attractiveness. There is unfortunatoly little wallboard space for display ing the childron's work. Those two points might recoive attention when t ho classrooca are erected in futuro . In the meantime it is recommended that theso defects be remo died as soon as possible in tho existing classrooms. The enormous influx of population to Vanderbijlpark has of necessity brought concomitant difficultics affecting tho organisation and work of the school. Pupils wore be i ng enrolled at the rate of 150 per 30 term. These came from many parts of tho Union as woll as from overSGas . 71. ANrll::xunE 'AA ' REPORT Apart from th~ d1vcrgont standards of attainment whioh thosO pupils pr e s entod, there wa s the further diffi culty that trained steff was not always availablo whon neoded. Tho accommodation for thoso pupils providod a real difficulty for the pr1ncipal at timos, but the staff had ovon grater diff iculty in finding board and lodging in the now devoloping town , with the resul t that changos of stcff wore distressingly frc~uont . I t is to the crodit of tho principal and his staff that tho consolidation of wor k and the building up e. achocl tredi tion havo gone atoe.dily 10 forward and results arc definitely discorniblo. Judging tho work as a wholo, a faVOUrable impr ossi on was gainod during tho inspection. Making tho necossary a11owe.nco for tho various f a ~torf,! which a ffoctod tho work adversoly, e. steady coro of good work throughout tho school wee a hoartoning sign. Tho flu ctuati ons in tho standard of work betwe on ono cla ss end anot hor ~~d botwoon pupil and pupil in the sumo class, wh or0 t hoso existed, wore muinly due t o tho many chan g~s of teachers tha t soma el as ~ o s had hed, and tho con stant s troam of new pupils 20 admittod from far and wide . The principal and staff ere f ully alivo to tho w e a~ nesaes, end tho hearty co - o p~ ration of tho whole staff to wold t ho school int o a suceossful oducetionnl unit cannot but ahow r OBulta ill due courso. All D. spocta were discussed at t ho time of tho inspoction and all concerned were oager to accept such remedial advice u s was proffcr ~ d. It was pleasing to note that u vory definite school pl'ido and tradition were boing ,instilled into tho pupils. Nearly all tho children wore dressed in school oolourfl, 30 and their genoral attitudo a~d behaviOur wore vary plcMent . 72 . iNNEXURE 'AA I REPORT Sound teaching methods arc being applied by the majority of the staff. and tho principal is constantly on the watch to improve thoso whore necessary. Tho cardinal principle of thorough oral preparation precoding writton work is being applied genor ally thrQugh- out tho cohool . Hero und thero in the arithmetic more drill for speed and accuracy in tho four rules were found to be nocessary, but in most classes this subject is shOwing stoady progress. Tho written work 1s a lse neat and well 10 controlled. Language teaching is proceeding along sound lines !Uld the written work is neat in most cases end woll con- trolled. Reading and recitation varies from standard to standard but is satisfactory on tho wholo . Speech in the second languago is, generally spoaking, good , although some classes respondod with a cortain amount of diffidence. A well- used library of some 1,200 English and Afrikaans books is a valuablo aid to this subject. The children are fUr- 20 thor oncouraged to belong to the public library, some 250 boing mombers . Handwriting is rocoiving tho noceesary attontion and a school schemc has boon brought into operation which in due courso will standardise the style . Most of tho classes write well and take a prida in their work. In tho cultural subjects, the teaching is accompanied by noatly duplicatod notes and outline sketches . The childron have to colour i n the ekotches and add information te the notes. This method is dofinitely superior to the 30 pure dictation of notes with its attendant evils of bad handwriting and spelling , providing eo.ch eXGrcise leaves 73 . .ANNEXURE ' AA' REPORT sufficient WO;t'k for the child to add his quota of 801f- activity to the lOBseD thereby rote.ining his interost and inculcating a love for the subject. In this r ospeot the work lcevu~ little to bc desired. Added to this tho school brings pro.ctioru. observation &l1d work into its n.'J.turo study lessons by having practical gardening whore tho syll abus permits, end e menagerie of pots is kopt in the ~chool grounds for observati on and study. Bible history receives equally Bound trGatmcnt . Due to the largo staff, it has been found possible 10 to introduco spocialisation in arts and crafts and in physical training. Good work is boing done in both thoso subjects . Toaching aide arc bolng addod to the school ' s oquip ment as funds parmit. Tho organisat ion sido has boen facilitated by t he addition of inter communication and public addross system. A radiogr am with extensions to classrooms is to bo fittod and e~ additional piano bought. An 0100t1'io gcy",l,lr will bo f:" ttod in tho Boys 1 cloe.kroolll in duo courso. 20 On physicel sido further provision is made for rugby, cricket, bOxing, notball, ut hlutios and fol k dancing. Suitablo flu1ds end t r acks havo boon lnid out on thc school grounds . Tho tcmpor ery classrooms obstruct the sito for futuro termis courts. School feoding ia alao on a sound basia. The sehool hUB tho advant ages of enthusiastic help from staff and paronts in ita extra- mural activities , An annual Bchool concort , biannual boxing tourne.mcnts and a fot o ero rogular featuros of tho school. Tho 13st foto yiu1dod tho sur~ of £698 to the school funds. This is 30 ::ill indication of the oxcellent co-oporetion between paronts and tho ~~~ool. Thon thoro erc private dancing classos 74 . ANNEXURE r AA I REPORT held for tho benefit of thoso pupils who caro to taka advantage of those lessons. Rogular educational tours erc arrangod for tho older scholars, one each term if possible. Tho thrift movamcnt is strongly supported, somo 1,339 Union Loan Certificatos having boon bought last year. Tho administration of tho school was found to be in ordor end all records arc noatly kept and arc up to date. 10 The tone and discipline arc gOod . No . on roll: 955 . 75. A.NNEXURE I BE ' REPORT KOXIFIDENSlEEL . Transv,!>.o,lso__ Ondol>Wys dopertoment . ~!...Y.'}.."V DISPEKSIE : 1 - 4 M..A ,ART J:lli. HZNDR IK VAN DEII BIJLSKOOL VEREENra.rrG SKOOLRAAD HOOF : ~llfR . J~ . S . NEL Dit wi1 voorkum asof diG skoel nou TI bestond1gor tookOms togmnoot sal gcan. Die sokondoro klasso tot St. 8 wat scdor t 1950 aon dio skoel verbend .. was, is in 1951 10 oor gcpl MB nt). dio t wco nuwo hoerskols . In il.ugustus 1953 13 di o Euclidstrao.t- Afrika.e.n8ll1odium l a or 5kool gostig we t tosomo met dio nuwo Engolamodiumskool Olivor Lodge, ~ vormindorlng van gotal by hi or di o skoel ~sogebring hot. Vier bydoliko klRSke.mol'B ken dUB vc rVlydor word. Die gsteJ. l ocrlingo st::w.n ogtor nag op 812, wv.urvun 463 in dio J.frike.o.ns a f d.:Jlin g sit un 349 in die Engolso, on daar moot d U B neg Bawo tycl.olikc kleskamors gobruik gaiUaak word . Di t i s dio g oosd,riftigo bogcortc van d10 ouor g oU\\l coskap 20 om dio skool as '11 purel.lolmlldiumskool to bohou 00 ds.ar mo ot go1;uig word dat '11 ba io aongcnomo gllos opgomork i s tusson dill Afrikaens- on Engolespr okendo l aorlingo. TERREIN SN_ GEroU Dio skQoltorroin is ba ia maoi v or eior deur '11 prag tigo tuin wet hoofsaaklik dio handwork yen die hoof i s . Twoo konkrcto t onni$b(~no i s aengobou toon '11 koeto v en £.4B O wat dou:c die skoal sandor hulp v nn dio Dopart omont bctaal. is. Dio akool hot dcsgolyks uit oio fondso dio birmoploin laat toor teen'll kosto V'!l1 £280. Daar bcetaen 30 twoe vootbel- , twco kor fbalvoldo on '11 atlotiokbaun . '11 Gruf;lsnyor iu vir £ 230 aangokoop om di(l voldo in gooie ordo to hou . Die doolnomi ng aan sport ia dan oOk 'Il bolangriko 76. AN>mxuRE ' BJ3 I RZPORT bcdrywighcid van dio skoal wet baio prestnsics op hiordio gabied behesl hot . Spcsialc molding moot gomaak word van die SukS08vollo krikottoor ~t dio skool nn Durban ondor neGm hot waar vyf wcdstrydo gaspeol is. Vir dl0 afgolopc drio jaar is ~ vakansiokamp to Lourenco Marques gcro~l on twoo groepo laorlinge van 30 olk was al ns GlenmOra toe . Die skoolgcbou on vera! dio hoof so woning dian opgcknap to word; dit is leas in 1947 go doon. Wannoor dit ondornoom word, sou on8 graag sien dst dio BOWO tydoliko kJ. askamors ook ingoslui t word vera! van binno 10 lig goverf to word BOOS in dio verigo inspoksiorapport aanbovocl is. Dear is ook groot behoof to san 8dd1s10n010 bowaarruimto . ORGANIS1..sIE EN AIIr.tINISTRA?I] . Dio organlsasl0 van dio skool loop bosondor vlot on dio administrasio van die kantoor is bovradigond. I n die skooljoarnaal bchoort die afwasighoid van dio porson col vorIilold word. Wanko is gegoe vir dia vorbctcring van die bockhoustolsol vir die skoo~toe l ae on die skool- fonds . Dio vasstolling van dia huistaal van n aantal 20 Hollandso on Duitse lcerlingo moet onder afdeling 57(3)(b) van dio onderwysordonnansio in orde gobring word . SKOOLWERK 'I"l U1tstaande konlllork van die skool i8 dio lciding wet dio hoof aan sy Bssistente goo. Hy holp hullo gcdurig om trod te hou mot nuwo metodos an ontwikkolingo. As dit nio vir dio godurigo vorwissoling van porsonael was nia, sou by baie moor vrug op sy arpoid gesien hot . Daar hears mooi goos van onderlingo vartrouo tuaaen dio hoof on sy personaol. Dio kindors skyn ook doodgolukkig te woes. 30 Die moosto k1sskamera is eantrakl ik vorsier on sian daar baie notjios uit. 77 . i!.NNEXl1R1!: I BB ' R.EPORT Die ondorwys Sto.Ul1 op '11 g(tsondo poil . Die wo r k- sl:.:Ii!l!.lS is oor die al ~ ':) Iiwcn bClvrcdigcnd on die ondorwysors hot elmal vO lJ rboroidingobooko wet gctuig ven studio en tuo wyding. Skrif word noukcur ig ondcrwys on in al die klasso was dit '11 plosier 00 die illooi skrif in die notjicsc oo r gctrokto booko to sien. Die ondorwysor s kontroloGr alIa skriftoliko Vlerk dooglik . E()ll v ak wet cpgcknnp moot word is rokono. In dia vorigo r appor t is opgooork dn.t dio lcorlingo so bckwenmheid in rokono nog hnpcr , on di t hot WQQrocns opgoval dat h~.or r uiJuto vir vor bct or ing is. 10 Inskorpingsoofcningo in vl uggo syformanipulaal0 sal bela holp om die poil op to sku1f, en meor skrif t cl iko oofon1ngo bohoort dacgliks moon t l ik to woos sondor om moo r tyd op die rooster daarvour in to r uim. Vir die grade is 71 interessante proefncming aan die gang i.v.c. die globale looemotedcs en die laeriinge uank gocio vorduring. Vingo~s moet ogtor nooit aengo- luor word ni';) en de.ar mo e t J.:IC0r gobruik van flitsknerte gCLlllek word . In di e h oi:lr klasse lea!;! di,," lacrlinge good. Daa.r wUl'd ruiwskoots van bibliotcckbQcka gcbruik gomaak. 20 Hositusie ontvang sposi£\l.,;o aande.g in a1 dio kla$so on die kindel's gouiet dit ou voor tv dra. Doar I:loct gewc.ak word teon die nOiging am to gou mi.lt forlilolo work in grand oon to bogi n . Daur bohoort moer appor o.at boskikbaar to woos vir rekena en vir solfstendig o wurle dwersdour dio dag. Wenko is gegoc vir die vurbotoring van die ro~stor . Vir die onderwys ven dio twcodo t e.a l word aanboyeel dnt die rooster ver andaI' word v olgons wanko wet by dio houf a...".n dia hand g aduan is . Gcroeldc gcbruik van die 30 dop~teI:lentclo sprookoafcn1ngo word ook eangoreai on diu endcrwya to Ycrbctcr. D1Q skriftolikc work bchoort ook dnarby t.;, beo.t e.s die \Y,.:mkc in die yoorgosteldo ai11ubuaso 78. A.i1NEXURE 1 BB ' REPORT gevolg word, on dit op die spreokaofoninge beaoer word . In dio kulturele vnkko word dooglik work gedcon. Moo r geloonthoid vir solfworksaaohoid by dio leerllnge sal vordcro suksus moebring . Hoo 00 moor go! contheid vir solfworksaamhoid t o skep, is mot dio hoof bosprook . Daar bostaen ~ gooie skone vir musiok wet baio nutti go voorligting goo vir die ondorrig van sang, ~ mat o van toorio on musiekwaardori ng. TI NUW Q ondcrwyseros hot so pas die ondorwys van hiordio Yak oorgcnoem on moot nog di o voroistcs van die loorplan aanpas by dio bokwaamhodo 10 van dl0 l oorlingo . Hullo ken darOLl al '11 holo aantal liodoro in Engels on Afrikaans wet hullo mot gooadr if s ing . Vir kunsvlyt is dear twco ondo~vyserosso. oon vir dio scuns on eon vir dio maisies. Laaagenoemdo i s ervaro en baio bokweSD. Naeldwork en kuns word op n ouliks en offokti owo manior gokoor dineer. Dio l oorlingo at ol bosonder bol ang in hulle work wet ven ho~ peil is. Dio endor ondorwysoroa is cinder orvare on kry mindor gooio r osultato. Sy is ogter hardworkend en deer bohoort l at or 20 bator vordoring to woca. Vorlodc jear hot die hoof, wat ook aanleg hot in hiordio rigting, solf n klompio belowsndo laorlingo nddioionol o ondorrig gogoo . Hullo hot work van voortrafliko gohalto golowor on hom moo r as vergoed vir die t yd on mooite wet die proofnooing varoia hot. Liggaamsoofoningo word gar cold godoon on dear is solfe tyd ingoruiru vir volkspolo van allorlsi l ando . Die kulturelo opvocding aan hiordio skool boroik ay hoogsto punt olko jaer in dia ~koolkon aort, wat gowoonlik n hoe puil boroik on beie dour dio gcmoonskep op prys 30 goatol word. J eerliks word ~ komia gohou wet baio goos- ANNEXURE ' BB' 79 . REPORT drift1g dour dio Guors ondorstcun word s odst daer g0woon lilt SOWf'.t ,~600 i ngosf'..JJol wvrc. vir diG skoolfvnds. Dio skoolkorJt.lissio verge dar goraold en work yw orig in bQl~g van d i ~ skoel. C. B. LINDER . 7 . 6.1954 . 80. Ju"l;fNEXURE 'CC' EXTRACT FROM SPEECH ANNEXURE ' CC' Extract froD Spccch by Dr . Carel De Wot ro .P. Vcrceniging District o~ t he Vanderbijl School i\.ffe.ir - Hansard 27/3/1957. Cols. 3678- )680. But apart froe nunbcrs, there ere other considera- tiona why tho comcunity in Vanderbijl Park, and particularly the Afrikaans- spoaking people , fecI that that school should b.1COllO en Afrikaans-Mediun school. Tho first reason r wish to ccntion is that as a r esult of the spirit prcvalent in the Hondrik van dor Byl School, it has no contact vdth and 10 do os not play matches agains, any other school at Vanderbijl Park . That is an injustice which is done to the children. I say that .vi th a full ren.li~ ation of my responsi bili ty because I live within 200 ycrds of this school . But the socond pOint, which grievos U0 porsonally, is that Afrikaans is shockingly discricinatcd agai nst at tho Hondrik van dor Byl School . I have a peuphlot i n cy hand, and r think the best cothod of drawing atten,ion to this pamphlet would bo to have photostatic copies undo of it and to publ ish it to indicate whet a grave injustice is being done to tho 20 Afrikaans language . Reference is made hore to "mo!'ry- go rounds, swin6s, swaaiebote (swingboats) and paneakes. " And do you know what this paophl et advertises? This "Carnival Tir.J.o" on 10 October. On Heroos Day. At that school! I V/ould like to givc this peuphlot to tho Pross, but I just want to r ead whet thc Vaderland wrote about this peuphlet in a l oading article on 6 December - Thc languago r e ferr ~d to is 8 sorry co~a0nt on tho l oud protences about racial unity which a succossful 30 parallel- Dodiun school is supposed to proDoto, bocause really this pauphlct shows an indifferenco towards l.frikaans which should fill everyone with sharJc . 81. AlUmxtffiE 'cc ' EXTRACT FROM SPEECH But th~y held 0. "cex-nival" with "awae.ibcte" (swing boats) on 10 Octob8r, on Harous Day, It is ropugn~t to tho Afrikano~s of Vendorbijl P~k thut such things should bo done un Ho recs D~y . But I can qui to appr<.::cicto t h.::.t tho U.P . cannot un~orstand t~at, because I want to ask tho Load0r of the Opposition t his: What contribution has ho ever Bade in South i.frice tu DruW e. succossful day of 0010- bration and Sabbath of Horoc~ Day on 10 Octobor or of the Day of tho Covenant on 16 Dooonbor? Thoy havu no sentiment fOr it. But I want to x.lcntion anothor point in regard to 10 the Vo ortrokkor COVODent. When tho Hondrik van dol' Byl School was tho only school at Vandor bijl Park tho pr incipal pruhibited the grounds of tho school bei ng usod in 1949 for a gathoring of tho Vo ortr~kkors. Tho prosont principal, Mr. A.S . Ncl, whoau ne.;.!lO was mentionod in t ho Press, whioh is why I E!.lSQ J;lilntion it, refused tho usc of tho Hondrik ven dcr Byl sohoolgrounds t o the Vo ortrokkor LlOVeI:lOnt , and to this day thoy arc not allowed to meot thora . Th~t school has becono _ is so rogerdod in thet vicinity - a fortress against tho interost of the Afrik:l.3lls-speaking pooplo. 20 :IE Dr. CAR.l:.""'L DE ;lET: I will ooPO to that. I think thu l).on. DOlllbor ef lI'itbank (L!r. Mostort) vary correctly said in n r ocent dcbato that a s tho teaoher is, so is the school. I say that this principal of whou such a national horo is boing uade - it is unnecessary to say that he is a Sap - acts in en undosirablc unnnor. Thc principal's wifa plays ~ iQportcnt rolc in this, end I havo haro an oxtract froD tho Rand Daily Hail of 6 Docacber 1956, whero sho stands thoro in t ho rain Dourning with the Bla ck Sash WODe n. The headline is "Vigil in tho Rain. " Tho lady who 30 is thc wife of a principal a~ tho school at Vandorbijl Park and who 10 en activo Dunbcr of the Black Sash i s a very 82 . A.~NEXURE I CC I EXTRACT FROM SPEECH unpopular porson at Vnnderbijl Perk. That is the rensy why the people want to have that school changed, but at the sume tiue would like to soe tho principel ronovod . I just want to add also that ho activoly involved hiuself by writing lotters and making te1ephono calls during the rocent school board election in order to ~ereuado people to vote for the perullol- nediun candidates . It is deplorable that in a Datter like this the children should be dregged in. But seeing that the English newspapers have done so, end t hat the U.P. has oagnified this into a national issue, that 10 school, as sure as we sit here to- night, will be changod into an Afrikaans- !.lediu.t::l school by tho end of 1957 . accord- ins to tho announcement of the Transvaal Provinoial Council . I would be thankful if that hnpp.ms, because if that school is t o renain a parellel- Dediuu school it will be a crying injustioe to tho crowded Afrikeans-nediwl schools at Van derbijl Park, end secondly it will be a groat injustice towards the Oliver Lodge EnBlish- mediun priuary school, becauso it will go downhill with tho snall nuobor of 456 pupils. I want to raiso one other netter. There is moro 20 strife and dissension aDongst tho children of that school and aDongst tho parents of that school than thore is in connection with any other school in Vandorbijl Park. At'fNEXURE ' DD ' 63 . AFFID.tVI'l' W. A. LLOYD AllNEXURE _~ "D'Q." I N TUE SUPREME COURT OF SOUTH AFRlli" (:!]1Ar$VAfJ.. . ~~_ ~VISIQN) In the ma t ter betlveen : - 1. J.AMl!:S DONOV.W RICHARDSON 2. IfENDRIK JOHAi!NES WEYERS . known as OSCAR WEYERS ). DENYS PE'TER CAI 'rHNESS THE SCHOOL COMM ITTEE OF THE HENDRIK VAN DER BIJL SCHOOL 10. APPLICANTS. - and- THE ADMINISTRATOR OF--...!!iE '1'RANSVAAL PROVI!1CE RBSPONDENT A F FI R M ! T ! 0 N --_.. . - It the undersigned, WILLIAM ARNOLD LLOYD do hereby s olemnly affirm and ~ay 1. I am the Senior Profe~sor of Educat ion at the University of t he Witwatersrand and hold 20 . the Deeres$ of Batohelor of Arts , Mas t er of Arts (Education) (Bi rmingham) and Doctor of Philosophy (Cantab) . 4iJHlEXURE ' DD' 84 . AFFIDAVIT IV.l. . LLOYD 2 . I lecture on various topics including the Theory, Practice and Sociology of Educntlon t o post graduate students who include the principals of schools, heads of departments of Technical Colleges and High Sohools . 3 . I have ext ensive personal experi ence in teaching over a period of 30 (THIRTY) years . I have taught in Primary and secondary schools and lectured at Universit ies and Technical colleges in Oreat Britain. I have attended 10. as student and visiting lecturer at Universities in France, Switzerland and Belgium and ~t uu :J.ed at Universities 1n Norway and Italy. . 5. I rJlve taught in andlectured at Schools aml Universities in bilingual and multi_ lingual comr.lunitles in Wales, Belgium and Switzerland, and a ccepted the post as Senior Professor of Education at t he University of the Viitwatersrand 20 . ma i nly because of my interost in education in multi - li~gual societies. I have visited schools throuChout South Africa and hove studied the types of school and methods of teaching in tha t country. I have read the aforegoing Petition. 6 . I stat e that the sallie educati onal principles ANNEXURE ' DD ' 1,I:'FlDAYIT W. A. LLOYD apply in all m~lti-linguAl communities, and that the weight of world learning e.t the Intente.tional level s upports the view, that in a ny neir,hbourhood where two lun£;uage groups co- exist, even if not in equal proportion:;, both groups should be educated together . This does not result in pr actice in the break down of national or racial characteristics but creates a spirit of r.mtual appreciat ion and tolerc.nce of the traditions and cultural back ground of each gr oup 10. and fos t ers na ti olli~l unity by combating Ethno- cent ricity. SC hools organized t o implement this approach and designed to mee t the needs of both groups provide an educatton and prepar a t i on for life much rioher than schools limited by a rigid sectional approach. In wy teaching experience i n the south of Wales where the oommunity is prcdominutely English speaking this language is th? MediUr:t of )O;ducation and l'/elah is to'.ught as a seccnd 20 . la~uage. I n North Wales where the language Medium i,$ predominately Welsh childnn are taug!lt through the Medium of Welsh with English as a second language. In the internediato districts howev ~ r in which both language groups co- exi3t, schools 3re organized on a doubl e The Advtsory Committee on Educat icn in Wa) os recently endorsed this practice and recom r~end.e d thO'.t in all bi11nc;ual districts education shoul d be in one school. I say 30 . that the basis given for this recof'lll1endetion i s t hat the sohool should be adapted to the A..~NEXURE 'DD' 86 . AFFIDAVIT W. A. LLOYD linguistic pat tern of the community it serves and th~t whore the community is drawn from both language groups national unity and national co- operation are best served if education is given in one School t o both language groups. 7. I say further that since 1944 there has been an increasing recognition both in Europe and in Great Britain for the need of a diversity of types of schools because education must be flexible and lively The system of rigid standardization in schools 10. was practised prior to 1944 in many European countries particularly in France. World educationist s were compelled to accept that this system failed because the products of such standardized schools were not equipped to deal wi th t he problems of an ever changing society. 8. I say further t hat it is a basic aim of education in any bilingual country that the people should be fully bilingual. 9. I emphat ically state that : 20 . (a) The HENDRIK VAN DER BIJL SCHOOL bears out the evidenoe from all over the world that in a favourable environment where children ef different 13nguage groups have daily contact in extra-mural ac t i vities and cn the pl ay grounds two languages are as easy to learn as one .t.JmE..'t""URE ' DD ' 87. AFFIDAVIT W. A. LLOYD lal1guc-.gc . (b) 'rhat in e, Para llel Medium School the second l~nguage must be spok en with R far higher degroe of precticnl proflcl~ncy than in separ3te schools where the seco!ld language 1s taUSllt only as a subject und where the pup:Hs have no practical every day opportunity of using the second language as a 10. means of communi~2.tlon with members of their own ag e group. (0) That the HEHDR IK Vlu'J DER DIJL Parallel·~Medlum School serving as it does a comlllunity of both l :.mguage groups is e.n ideal institution not only for a t taining a high stp.ndnrd of bilingualism but also for putt:l.ng int o pra ctice lnt ~rnatlona lly 20. accepted principles of education to day . Cd) Tha.t thIs School provides an excellent OPPol'tunity for its pupils to le('.rn about and accept the traditi ons and culturnl back groundS of both language c;roups. (e) That tho said school functioning ANNEXURE ' DD ' 88 . AFFIllAVIT W. A. LLOYD as a Para llel Medium School must contribute more towards fostering a spirit of national unity and promoting racial co- operation than a Single Medium School . I object to making an oa:h but I solemnly affirm that the contents of this statement are true and correct to the best of my knowledge a nd belief and that I fully understand the same. 10. THUS signed and affirmed to before me a t JOHANNESBURG on this the day of JANUARY 1958. COMMISSIONER OF OATP.5 ATTORNEY TRANS VAAL PROVINCE. ANN~XURE 'EE' AFFID,WIT - S.D. NELL !rl T.H,E'--2S~UPtR~EfME~_-,C~0~UR!l!:TLJO In the mt\ttcr between L JAMES DO NOVAN RI('1!ARl)sorr ? HENDRIK JOHANNES WEYERS . 3. DENYS PETER CAITHNESS 4 . THE SCHOOL COMMITTEE OF THE lreNDj{!K VAN DEll BIJL ZCflOOL APPLICAA'TS 10. - and - THE ADMINISTRATOR OF THE TRANSVAAL PROVINCE RESPONDENT AFFIDAVIt It the undersigned , SILVIA DOREEN !IELL (married out of community of property to BENJAMIN NELL) and with the exclusion of the Marit~.l Power of Houghton Drive, Jo nnnesburg . 20. do hereby make oath and say L THAT I am a parent of sohool going ohildren. I was eduoa.ted in a dual medium school in tbe CAPE PROVINCE. I graduated at the Univl.lrsity of CRpe Town as a teach~r and hold a First Grade Bilingual Te3.chers Diploma of the Cape Province Eduoation Department. I was ?o member of the l'IHwatorsrond Central School Board for approximately TEt! years until the end of 1956. I am presently studying in the Graduate school of education of }O . the lVitwp.tersrand and have ch.Os~n itS my field of study oo_operation b et weer. tIle homo p.nd School in Educnt.ion. ANNEXURE 'EE' 90 . AFFIDAVIT - S.D. NELL 2. In my opi nion it 1s an accept ed educational principle that no one t ype of schoo l can fulfil the needs of all sect ions of the community. In South Africa particularly where peopl e are no t homogeneous 30cial condit ions very g r eatly f r om Province t o Province, from industrial city t o co unt ry t own, from village t o farm community, and schools must serve the need of each local community. To impose one type of school 10. t hroughout would be educat i onally unsound . 3 . Doct or JAMES BRYANT CONANT A. B., PhD and L.H.D . L1tt. D. S. D. LL.D. C. CI,. President of Harvard University from 193., to 1935 a leading world Educationist on the role of the School 1n t he community s t ates in his book "Ed u cat ion and Liberty" II , • • It 1s extremel,y difficult t o say what is a good educational procedure except in terms of a particular SOCiety; a school cannot be separat ed from the content of the families 20. that it ser ves, nor from t he over- all framework in which its pupi ls wi ll probably functicn as A.d1l1t~ • • • •• • 11 I am in agreement with this statement . 4. In my view it is a well reco gnized educational principle that different types of schools are needed for different t ypes of communiti es. In pra ctice one finds in the Transvaal a great difference in the e.daption of curricula am pedagogic method as between a farm scl~ol and a school in an 30 . industr1.."Il ized city, because curricula content, educational philosophy and pedagogic method should be ANNEXURE ' .EE ' 91 . AFFIDAVIT - S.D. NELL subordln~te to the total so~lal situation in any community. Different types of schools enrich education and make it more sensitive and responsive to t he tu'ao. :leeds of the communities it serves. This applies even in rl;lg~.rd to the l anguage Medium of SChools. ThuS in en English speaking area an English Medium School 10 1n my opinion desirable , in an Afrike.ans speaking area an .A.frikaans Medium School will best serve the ne eds 0: the community, 10. whereas in a mixed area like that of VAN DER BIJL PARK, Parallel Medium Schools as well as Single Medium Schools <,.ro r equired. I submit that this principle has been recognized in the Education Ordinance which make~ provision for both Single e.nd Parallel Medium Sohools .?lld thus permits of due rega.rd being given to the total social Situation a.nd the needs of t he communities the school serves. 5. It is my opinion that the HEtlDRIK VAj ~ DER BIJL Pt>.rallel- Medium School is the ideal type of school 20 f or tila araB. it serves , bearing in mind that it co_exist s with Single MediulD Schools in the same area. II! this area not only both llngli:5h end Afrika.ans opcaking families live side by side but in m~ny instances parents in one home are of both language gr oups. The community also includes many families of new immigrants from Holland, Germany, Italy end other Europecn countries . A large proportion of the South African f amilies in this areu are bilingual and the majority of t he \'Iage earners are employed by t he same 30 . semi state Enterprises namely I5C01' and its associated Companies . .;ijH1EXURE tEE ' 92 . AFFlDAYIT - S . D. NELL 6 . The e xistence of the HENDRIK V;JI DER BIJL SCHOOL has a lready dev el oped amongst the parents a tradition of common loyalty in t he service of the school. This loyalty hns been expressed in material terms by the raising of over ta ,OOO . O.O. (EI GHT THOUSAND POUNDS ) for school amenities in the short period of ton years . From my knowledge this compares mo re t han favour abl y w1th the efforts of other parents in the Transvaal, bearing in mind the economic level of the Vf'.n Der Bijl Pa rk community r,s a whole. 10. 7. I have read the Inspe ctors Reports on tho School mnde in August 19A9 and in MARCH 1954 end in my opinton as a Member of the Wltw?tersrand Centr al School Board I C onslder that these r eports are as g ood es the very best t hat I ha v~ sc~n . Thes~ reports r ecord t he gener al excellence of the work done a t the school, the high schol astic standard a t tained, the spl0ndid spiritual atmosphere at this SChool; the ext rOl~e ly hnppy relations b0tween pupils, staff and parentsj the ad vantage the school has in having 20. enthusiast ic help from the staff and pf'.rent s in its extra- mural act i vities; the wise guidance of the Principal Ur . A. S. Nel who hat. s upervised no t only the acti vities of his pupils during school hours but also the uxtra mural a ctivities of pupils , tocchers and even parentr: in the interests of the children. A feature of the School ha.s been its bilingual school cl'.mps , and concerts in whioh both language groups partioipate . Aotivi ties which might tend to divide the school such as competitive sports, Sc out s or 'loortr eklwr movements 30. he:ve o e,OII discouraged. A...~NEXURE 'EE' 93 . AFFIDAVIT - S.D . NELL 8. I have rend the aforego1ng Petition fr om which it appeErs tha t th(: reason given by tho Administrator for converting the Hendrlk Van Dar Bijl School is on tho gro~~ds of shortage of accommodation. In this regard I say ( a) That as a new Afrikaans Medium School will be completed in a few months time the accommodation problem for Afrikaans speaking children is for a very temporary period . 10. (b) That as a rosult of the conversion of the HENDRIK VAlj DER BIJL SCHOOL all English speaking children. (770 in 1958) will be compelled to attend a sohool whioh has permanent accommodation for 540 children and has very limited ameni ties . (0) That when tho new Afrikaans Medium School 1s opened and if the Hendr1k Van Der Bijl School functions as an Afrikaans 20 lledium School, the Afrikee.na Medium Schools in the area will have empty cla3s rooms whilst the Oliver Lodge School will be grcssly overcrowded thus creating another accommodation problem. In ~ experience as a Member of the Rand School Board while every effort was made to meet the needs of the M.ajority groups, the needs of minority groups were scrupulously guarded. The 3D English speaking children in the Van Der Bijl ar ea are in the minority but Ai"'NEZURE 'I:E ' 94 . AFFIDAVIT - S.D. NELL their rights are no loss sacred than those of other children. Cd) I 5(;.Y furthermore, thc;t it is not in th.e best i!lterests of education either on eoonomic grou.nds or on financial or social grounds to destroy a flourishing established school tu meet an accommodation shortago particularly when such shortage 1s only temporary. (e) That the conversion of the HENDRIK VAN DER BIJL PARK SCHOOL is being imposed on the pEt.rents against their wishes, Parents wishes in regard to the education of their children have :l.n the past been a respected and accepted tradition in the history of this country, and any infringement or disregard of this tradition is abhorent to p£',rents of school going children, as is evidenced by the long history of their resistance to compulsion in educational affairs. The deponent has acknowledged that she knows £'. nd unde rstands the contents of this .\ffidavit which \'Iar; signed nnd sworn to before me at JOllAUNESBURG on this the 3rd day of JANUARY 1958. COMMISSIONER OF OJ,.THS ATT ORNEY 'rRAHSVAJJ, PROVINCE. 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