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Appeal from a ~Udc"Imt of the Trah,Vaal Provincial Div' I Iom of Thi

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Appeal from a ~Udc 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 .<NNEXURE 'A' - Resolution 35 ' B' - Circula.r 36 'C ' - Circular Letter 36 ' D' - ReferendW!l 39 'E' - Lotter, 7 . 2. 56 . 41 'F' - Letter, 9 . 2.56. 42 ' G' - Letter, 13 . 2. 56 . 43 'H' - Letter, 23 . 2. 56. 44 '1' - Letter, 29. 6 . 56 . 45 ' 1' - Telegram 46 'J' - Letter, 5 . 7 . 56 . 47 'K' - Letter, 8. B. 56 . 46 'L' - Letter, 8 . B. 56 . 49 'M ' - Letter, 6. 6. 56 . 50 ' N ' -Letter, B. B.S6 . 51 ' 0 ' - Letter, 10 . 8. 56 . 52 ' P ' - Letter , 16. 10. 56 . 53 'Q' - Lotter, 19. 10.56. 54 ' R' - Letter, 22 .10 . 56 . 55 'S' - Letter, 22 . 10. 56 . 56 'T ' - Referor.dW!l 57 ' U' - Telegram 56 'v' - Letter, 28 . 11.57. 59 'wI , - AffldaYit - N.G . We bber 60 'w2 , - Affidavit - J .L. Watson 63 'x ' -Letter , 10.12. 57 . 65 IN DEX(ii) 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 <J.:':'C: 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 .
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