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 ... ,"-

CllA RI..ES t .),;WI8 " 1.A1.Ait, 4(l1, F ......... no .... ,

Kerl< ... d RlMi" SlnIel.o, JOHANNtsBURO.

11£..'1&1" NAXUN. 204-208, PoyIItooI', Bv.;ld;op,

Cb.u-d. s" .... t, PRETORIA.

JA)VIUS " SHTElN, P.O. Boo. 699, BJ.OY.llFO~-rEIN •

•. t._

AI~ for R..,.......II

STATE A'M'OlI.NEY, "enlU DIlUding,

F",,"l.aill '''''''. PRETORIA.

NAUDlt " NAUDE, P,O. JIoI 163,

BLOEMfONTEIN.

1 N D E X

Contents : Page No . :

NOTICE 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 .

'Z' - LettGr, 10 .12.51.

, ].A' - Inspection Roport, 1949.

'BB' - Inspection Report, 1954.

'CC' - Extrsct from Hansard .

' DD' - J.ffidayi t, IV . A . Lloyd.

'EE' - J.ffidayi t, S.D. Noll.

'FF' - Rosolution

'GG' - Lotter, 24.12 . 57 .

il.FFIl)J.VIT - E. and N. H. MEISE

AFFIDAVIT - H. NANKIN

RESPOND3NT ' S REPLYING AFFIDAVIT (No .1 )

66

68

69

75

80

8}

89

95

96

98

101

10}

ANNEXURE ' ;. ' - Affidavit, M.C.J . Hoon 108

RESPONDENT ' S REPLYING AFFIDAVIT ( No.2)

ANNEXURZ ' B' - History

' C1 , - MemorandUJll

' C2 , - Lottor, 25 . 11.55.

'C3 , - Lotter, 30 . 11.55 .

110

128

129

1}1

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

RESPONDENT ' S REPLY TO APPLICANTS' ANSI't'ERING AFFIDAVIT

148

15}

ANNEXURE ' A' - Affidayi t, K. V. Ponzhorn 155

Anncxuro ' A'

' B'

Lotter, 15 . 6.51.

Lotter, 13 . 9 , 57 .

165

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

Analysis

NOTICE OF APPLICATION TO STRIKE OUT

JUDGMENT OF PROVI NCII.L DIVISION

ORDER OF COURT

NOTICE OF APPEJ~L '10 APPELLATE DIVISION

NOTICE OF 'i"II THDRi..l'fAL OF lJ'PEAL BY THIRD AND FOURTH APPLICANTS

CERTIFICi.TE

182

183

18 6

188

199

200

201

202

IN THE SUPREME COURT OF SOUTH AFRICA

(Transvaal Provincial Division)

In the matter between

1 . JAMES OONOVAN RICHARDSON

2. HENDRIK JOHANNES 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 Application will 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) Condoning the short notice given to the Respondent

in respect of this Applicat ion in terms of Rule 9

of the Rules of the Supreme Court of South .

(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 .

20

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 as ide thc RESPONDENT ' s l:e-

c1s1on.

(f) For such other and al t·?rnative relie f as may 1:!eem

fit to this Honourable Court .

DAT~D AT PRETORIA, this 6th day of JANUARY , 1958 .

TO: The Registrar of the Above Honourable Court PRETORIA.

AND TO:

(Sgd) RUTH HAYMAN CHARLES LEWIS AND LAZAR , Attcrneyo for Applioants , 401 , Fanora House , Kerk & Rissik Streets , Jo..:.EAmlESBURG , and c/o HENRY NANKIN , 204 - 208 Poynton ' s Building , Church Street , PRETORIA .

The Administrator of the Transvaal Province , Respondent , c/o THE RAADShAL ,

Received copy hereof together with all Annexures on this the Church Square ,

20

}O

PRETORIA . 6th day of January , 1958 .

RESPONDENT .

3. PETI TION

IN THE SUPRl]l:E COURT OF SOUTH AFRICA

(TRANSVAAL 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.NNES WEYERS knovm as OSCAR WEYERS

DENYS PETER CAITHNESS

and

THE SCHOOL COMMITTEE OF i'HE HENDRIK ViJ~ DER BIJL SCHOOL

HUMBLY SHE\'IETH :

20

4 . PETITION

1. THAT your PETITIO~ERS <J.:':'C:

1. JAMES OONOVAN RICHARDSON

a Clerk of 69. Farraday Boulevard, Van der Bijl Park .

2. HENDRIK JOHANNES WEYERS known 8S OSCAR WEYERS a Sales Clerk of 118 , Hertz Boulevard Van dar Bijl Park .

J . DENYS PETER CAHHtl'ESS

Engineer of 59 Ch:lpin Stree t , 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 Honourabl e Court, and are

parents of pupil s presently attending the HF~DRIK VAN

DER BIJL SCHOOL (hereinafter referred to as " the said

SCHOOL" ) .

YOUR 1st PETITIONER is a lIlember of both the School Com-

10

mittee and Parents ' Association of the aforesaid Sc hool 20

and has h ad children as pupils at the said school since

JANUARY 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 UliE 195 4 and another since JANUARY 1957 .

YOUR 3rd . PETITIONER is n lIIember of the Paren ts ' Aa-

s oci a 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 Educ a t ion Ordinance 1953 as amended

which 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 PETITIONERS 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 Vias 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 b e 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 re s ult of t he parent s ' protes t the order was re ­

SCinde d by th e authcri ties c oncerned .

7 . In JUNE 1952 a furthe r attempt \'las ma de by the Re­

s pondent to convert 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 thei r decision

that evcrything possible should be done to retain t he

charact~r of the School as Parallel- Medium. Thereafter ,

a Deputation of Parents in t 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 th e 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 ide al 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 act 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 Sc hool continued to function as a Para llel

Mediwn School until JUNE 1955 , when on the l ast day of

the secon d term your Pl!.'TI'l'IONERS were a dvi oe d 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 re port 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<?nts

and 3igned by them in which they indicated their protest 10

at the proposed retloval of the 200 (TWO I1lJNDRED) Eng-

lish speaking children . Your PETITIONERS state that there

w~;rc only 3 (THREE) dis s..!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 adv ised 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 notifi ed that

the School woul d be converted to an Engl ish 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 Execu t i ve Commi ttee of the Transvaal Provincial Coun­

cil , and on the following day it wus announc e 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-

rent s , who unanimously decided t o oppose this decision . 10

A r~ferendum wsS again held to as certain the parent s '

atti tude to the pro posed 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) abstaine d.

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 a t- 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~to marked

"E" .

In re ply to this letter the Parents ' ASSOCiation received 30

10 . PETITION

a communication from the S~cret ary of the School Board

requesting tha t the Pa r"nts ' Asooci a tion \"Iork 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 h e reto markod

" F" •

11. On the 13th FEBRUARY 1956 , the Chairman of the

School Committee a ddressed a letter to th e School Board 10

request ing 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 ' Associa ­

tion made several re quests 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 .

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 Boa rd to a ttend the Parents Meet­

ing, all the above persons r efused the invita tion. On

the 8th day of AUGUST 1956 the Chairman of the Sohool

10

Commi tte£l forwarded the Resolution of the Parents As- 20

Socia t 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 Responden t 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 , re ceived from the

Respondent th03 Par~ nts ' A:::soc i a tioll were advised tha t

the r oqucs t Vlould be considorud . Your PEl'I TIONERS beg

leave to ref"r the a.bove Honourable Court to copy of

lettor annC 1.:cd he r ato marke d "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 Executive Committee had reconsidered

the matter at a Meo ting held on the 8th OC TOBER 1956

nnd had resolv e d tha t although the Executive Co~m1 t t ee 1 0

i s well empowered in terms of the Educ a 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 vo i d .

Your PETITIONERS beg leave to refer t h e above

Honourable Court to copy of l et ter annexed h e reto marked

"P" •

As a r asul t of this c ommunic a 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 re f er the a bove Honoura ble Court to copy of

lette r addresse d 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 furth e r recommendations which

Would b e pluced before the Executi vo COlluui ttee . You r

PETITIOHERS bog leave to r ()fcl' th c a bove Honoura b l e Court 30

to co py 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 tha t 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 par ticularly 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 Via s un in­

tention to chango thc Ne di uo of the School in tho very

nCar future. On the 27th NOVEMBER 1957 the afor esaid

draft Ordinance was promulgp.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 obj Qc 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 he ir 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 sf~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 at tending the

HENDRIK VAN DER BIJL SCHOOL as presently constituted , as

a Parallel-Medium School, receive instruc tion in their

mother tongue in separa te class rooms which complies

fully with the stipulation required by Section 56(1) of

the Zduc ution Ordinance .

20 . Your PETITIONERS further state tr.at as a result

of Parallel Medium educ a 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 co ncer-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 partici pa t e d .

21. Your PETITIONERS furthcr state that as a reoul t of

Parallel !l1edium educ a 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

20

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

cxc a ·Jdingly high , notwithstanding the utmosphttre of un­

certainty that has prevailed in th~ School dur ing the past

8 (EI GHT) 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 at tending thG School have made concerted efforts

to promote a spirit of national unity and to ass ist 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

stat e 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 a nd 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'rI ON

of NEVILLI: GAUCHE WEB'OER the Respondent placed

before th~ d~putation the following figures

and recommendz:;ions furn i shed to him by the

VEREENIGING SCHOOL BOARD .

Present Accotlmodation for

Afrikaans Medium students

Expected cnrolnent -

Medium Students 1958

Afr ikaans

The Respondent alleged tha t there

would therefore be no accoffimJda tion

for 216 (TWO HUNDRED AND SIXTEEN)

Students.

Prescnt Accommodati on - English

2518

2734

Medium Students . ... ... . . . • ... .. .. . . 1024

Expecte d enrolment 1958 -

English I.te dium Students 770

SURPLUS 254

The recommendciion of the School Board was

to the effect that this situation be met by

10

converting t he HENDRIK VAN DER BIJL SCHOOL 20

to AFRIKAANS 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 .

(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

10

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 prec i pitately and arbitrar i­

ly interfering with a School which by all standards

is a flourishing and first rate institutjon .

(e) Your PETITIONERS fur ther 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" •

(f) Your PETITIOliERS further submit that the Respondent

30

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 , wher~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 vas t majority of parents conce rned and therefore

25 . PETITION

your PETITIONERS submit cont rury to the provisions of the

Ordinance .

)0 . Your PETITIONERS .further submit tha t it is a well

recogni~ed educ a 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.

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

20

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 acts 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 a l l egations con t 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 PETITIOIlE~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 origina l 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 communica 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 applica t i on ,

a lthough 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 prejudi ced and will

suffer irreparable ha rm 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" re f 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 a t 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

th ey must cuke arrrungements 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-medium 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 determ i 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.

(e) That the RESPONDENT pay the ccsts of this

applic a 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

10

Medium School should not be set aside. 20

(il) Why the RESPONDENT Should not pay the

costs of this applic a 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

(Sgd)

(Sgd)

(Sgd)

FOR :

JAMES DONOVAN RICHARDSON

let . PETITIONER

H. J . WEYERS

HENDRIK JOHANNES WEYERS

2nd . PETITIONER

D. P . CAITHNESS

DENYS PETER CAITHNESS

3rd. PETITIONER

J . L. WATSON

THE SCHOOL COMMITTEE OF THE HENDRIK VAN DER IIIJL SCHOOL .

4th. PETITIONER .

20

31. PETITION

IN THE SUPREME COURT OF SOUTH AFRIC A

(Transvaal Provincial Division)

In the mat t er between :

1. JAMES DONOVAN RICHARDSON

2 .

3. DENYS PETER CAITHNESS

4 . THE SCHOOL COMMITTEE OF THE

HENDRIK \"AN DER BIJL SCHOOL Applicants

and

THE AIMINISTRATOR OF THE TRANSVAAL PROVINCE

Respondent .

VERIFYING AFFIDAVIT

WE , the unde r signed ,

l.

JAMES DONOVAN RICHARDSON

HENDRIK JOHANNES WEYERS

and

DENYS PETER CAITHNESS

do hereby make oath and say :

THAT we are within- named 1st . 2nd . and 3rd.

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

10

20

32. PETITION

The Deponents have acknowle dged 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 -

T H 11. T

34 . VERIFYING i.FFIDAVIT J. L . WATSON

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 thi s the 5th day of JANUhRY 1958.

(Sgd . ) P . J. van He lsdingen 2/Scrgt. 24393.

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

RESOLVED :

DECEtdBER , 1957. - --_._--

Dr. J.L . Watson .

Dr . F.M . Vorster .

Mr . J . D. Richardson.

~r. N.G . Webber .

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 fUrthe r 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<lnd a purely 1.frikaans Medium Sehoel .

(a) Signature of mother .. •• (b) Signature of father • . •• •

3. or We wish our ohild(ren) to attend a parallel medium 80hool. (a) Signature of moth~r • .. • (b) Signature of father •••••

38 .

Mr . &: Mrs ••• ••• •• • • • •• • •.

Doar Paronts ,

ANNEXURE ' e ' CIRCULA..1l: LETTER

49 Pupin Stroot. VANDERBIJLPARIC.

13th :J.Ugust , 1955 .

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 . 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

10

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 fi l 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 fo llow 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

Tho Secrotary, Voroenlging School Board, P. O. Box 111, VEREEJ.'UGING .

Doar Sir ,

c/o Hendrik van dor 3ijl School, Marconi Stroet,

VANDERBIJLPARK .

7th February, 1956.

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' Assoc iation cannot wor k

through your School OOtIDi 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 .

The Ohairman,

P . O. Box Ill,

VEREENIGING .

23 Febr uary 1956 .

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

Dr . H. do P . van Wyk, Director of Education ,

P. O. Box 432, PRETORIA .

Dcar Sir,

P . O. Box 145. VANDERBIJLPARK .

29th JW10 , 1956 .

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.

ANNEXURE ' I '

TELEGRAM

REPLY PAID.

POST OFFICE TELEctRAPHS

TO Dr . Ven Wyk, Diroctor of Education

Volkekas Building, PRETORIA.

ANNE-TImE ' I ' TELEGRAM

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.

Tho Secretary, Executive Council , P. O. Box 531 , PRETORIA .

Doer Sir,

49 . ANNEXURE 'L' LETTER .• 8 . 8.56 .

Hondrik van dar Bijl School Cocuittoo

P . O. Box 145 .

VANDERBIJLPARK .

8th August , 1956.

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 esolutlon l -

"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 •

HENDRIK VAN DER BIJL SCHGOL COMMITTEE.

50 . ANNEXURE 'N' LETTER - 8. 8. 56.

ANNEXURE ' M'

Hondrik Van dar Bijl School Concittee,

Mr. J.n.L. Havonga, 1, Rood Stroot, WESTONA,..:UA.

Doer Sir,

P. O. Box 145,

VANDERBIJLPARK.

8th August. 1956.

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

wi t 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 ,

Tho Chairman . Hondrlk van der Bijl School

Par.onts ' Association, P . O. Box 145, VANDERBIJLPi..RK •

PRIVATE SECRETARY.

5 J .

Tho Chell'l!l.8l1,

'P '

ANNEXURE ' P ' LETTER - 1~ . lO.56 .

Hondrik ven dol' Byl School Parents ' ~8sociation , 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 et ter 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 Onderwysordonnansi e 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 v orband 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.

By Edole, Die iLdministratour, Provinsiale Raad , Pesbus 383 . PRETORIA .

Geagte Dr. Nicol,

Fesbus 145.

VANDERBIJLPilRK.

19 Oktobor 1956 .

Daie denkio vir u brief van 4 Oktobor. One hog

hiorean TI afskrif van TI briof, godatoor 16 Okto ber, wat

ons van die Skoolraad on~lang hot.

Ons mork 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 .

AIl~'"EXUiill I R I

ANI;"EXURE LETTER -

' E' 22 . 10 . 56.

OFFICE OF THE J.DMINIS~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 s al 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 Skoel,

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 tha t our children be educated in

according Vii th our wi shes . 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 .

i,NNEXURZ ' U'

T E LEGRAM

TOI DR. W. NICOL , ADMINISTRATOR,

OLD GOVERNMENT BUILDING, PRETORIA.

ANNEXURE 'U ' TELEGR.'IM

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

N.G . WEBBER .

ADDRESS OF SENDER

53 BEETHOVEN ST.,

VANDERBIJLPARK.

Dr . W. Nicol, Ji.dr:iinistrator,

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.

Ol d GovurnuGnt Bu.ilding, PRETORli. <

Dour Sir,

At e public political mooting 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.t i 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 paren; ~ 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 therofo re r especofUlly reques t your honour on

behalf of the parents to respect the Wishes of the latter

and t~ give us an opportun~ty of pres~nting their views

a t 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,

ANNEXURE AFFIDAVIT - B.

'WI, G. WEBBER

IN THE SUl'REME COURT OF SOUTH AFRICA

(TRANSVAAL PROVINCIAL DIVISION)

In the matter between : -

JAMES DONOVAN RICH.AJ!DSON AND OrHERS

and

THE All4INISTRArOR OF THE TRANSVAAL PROVINCE

AFFIDAVIT

I , the undersigned,

NEVILLE GAUCHE WEBBER

do hereby make oath ~d state that :

APPLICANTS

RESPONDENT

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 es tablished school

with tradition is very neoessary in !l rapidly

growing indust rial 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 deputat i on tho

foll owing figures and racoW1ondations which he stated

had boon furnished to hilu by the VEREENI GING SCHOOL BOARDI

( i ) Tho primary soMal' of V1ili DER BIJL PARK hov o

'prosently a coommodation fo r 2518 (TWO THQUS,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 ac commodation for 216 (TWO

HUNDRED iiliD SIXTEEN) ,.frikaans Mcdi1..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& Medium o f t:10 HENDRIK 'l.AN DBR

BIJL SCHOOL to i.frikaans Medium which would pro··

vid~ accommodat i on f or a further 41 3 (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'/oul d 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 cla ssrooms 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 .

63. ANNEXURE 'W2 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

and

J.PPLICANTS

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

63 . ANNEXURE • W2 , 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

64 . ANNE..XURE I W2 , 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 fro m 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 wishe s 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 expedit i 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::<E I Y I LETTER - 10.12.57 .

Accordingly WQ roapoctfully r equost on baho.lf of

our cl ients that you delay tho iupleIil~ntntion 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 .

trlossrs . Charlos Lowis & Lazar, P. O. Box 7390, JOHAmmSBURQ.

Gontlao,ln,

• • . •.•• • 195 • •• .•

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.

CONFIDENTIAL

69. ANNEXURE 'w.,' REPORT

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.

With regard to Hendrik van der Bijl School, the

approach through the garden is a joy especially in the

30

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 would be a 20

distinct improvoDcnt as regards light and attractiveness .

There is unfortunatoly little wallboard space fo r 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 a ttainment

whioh thosO pupils pr e s ent od, there wa s the further diffi­

culty that trained steff was not a lways availablo whon

ne oded . 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 oss i on

was gainod during tho inspection . Making tho necossary

a11owe.nco for tho various fa~torf,! which a ff octod tho work

adver soly , e. steady coro of good work throughout tho school

wee a hoart oning sign. Tho flu ctuat i ons in tho standard

of work be twe on ono cla ss end anot hor ~~d botwoon pupil

and pupil in the sumo class , whor0 t hoso existed, wore

muinly due t o tho many chang~s of teachers tha t soma

elas ~ 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 wea~­

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

a t t ho time of tho ins poction and all concerned were oager

to accept such remedial advice u s was proffcr~d.

It was pleasing to note tha t 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 geno r 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, general ly 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 observat i 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 a ide 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 fo l 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 fo t 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.

The tone and discipline arc gOod .

No . on roll : 955 .

10

75. A.NNEXURE I BE ' REPORT

KOXIFIDENSlEEL .

Transv,!>.o,lso __ Ondol>Wys dopertoment .

~!...Y.'}.."V DISPEKSIE : 1 - 4 M .. A,ART J:lli . HZNDRIK 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 skQolt orroin 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 ven

£.4BO wat dou:c die skoal sandor hulp v nn dio Dopart omont

bctaal . is . Di o 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~toelae 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 wor k-

sl:.:Ii!l!.lS is oor die al ~':) Iiwcn bClvrcdigcnd on die ondorwysors

hot elmal vO lJrboroidingobooko 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 oor­

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

lcorl ingo so bckwenmheid in rokono nog hnpc r , on di t hot

WQQrocns opgoval dat h~.or r uiJuto vir vor bc t 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 moor 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 moe 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 twco do 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 .

Moor 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 NUWQ 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

offokt i owo manior gokoor dine er. 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 moor 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 ~koolkonaort, wat gowoonlik

n hoe puil boroik on beie dour dio gcmoonskep op prys 30

goatol word. J eerliks word ~ komia gohou wet baio goos-

79 . ANNEXURE ' BB' REPORT

drift1g dour di o Guors ondorstcun word s odst daer g0woon­

lilt SOWf'.t ,~600 i ngosf'..JJol wvrc. vir diG skoolfvnds.

Dio skoolkorJt.lissi o verge dar goraold en work yworig

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 a t 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 woul d 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 referr~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 Horecs 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 Voortrokkor 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 be i ng usod in 1949

for a gathoring of tho Voortr~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 Voortrokkor LlOVeI:lOnt , and

to this day thoy arc not allowed to meot thora . Th~t school

has be cono _ is so rogerdod in the t 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 rol c 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

WODen. 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 act ivoly 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.

63 .

AllNEXURE _~ "D'Q."

At'fNEXURE ' DD ' AFFID.tVI'l' W. A. LLOYD

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 COMMITTEE OF THE HENDRIK VAN DER BIJL SCHOOL

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 Universi ty of t he Witwatersrand and hold

the Deeres$ of Batohelor of Arts , Mas t er of Arts

(Education) (Bi rmingham) and Doctor of Philosophy

(Cantab) .

10 .

20 .

84 . 4iJHlEXURE ' DD' AFFIDAVIT IV.l. . LLOYD

2 . I lecture on vario us 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 exper i 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

as student and visiting lecturer at

Universities in France, Switzerland and Belgium

and ~t uu :J.ed at Universities 1n Norway and Italy .

<I . 1 speak English , French, German, Italian

and Norwegian fluently and read Afriknan:>.

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

mai 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

10.

20 .

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 gr oups co- exist, even if not

in equal proportion:;, both groups should be

educated together . This does not result

in p r 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

and fos t ers natiolli~l unity by combating

Ethno- cent ricity . SChools 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

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

recomr~end.ed thO'.t in all bi11nc;ual districts

education shoul d be in one school . I say

that the basis given for this rec of'lll1endetion

i s t hat the sohool should be adapt ed to the

10 .

20 .

30 .

86 .

A..~NEXURE 'DD'

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 fle xible and lively

The system of rigid standardization in schools

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 suc h standardized schools were not

equipped to deal wi th t he problems of an ever changing

society .

8. I say fur ther t hat it is a basic aim of

education in any bilingua l country that the people

should be fully bilingual.

9. I emphat ically state that :

(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 ground s two languages are

as easy to learn as one

10 .

20 .

87.

lal1guc-.gc .

.t.JmE..'t""URE ' DD ' AFFIDAVIT W. A. LLOYD

(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

means of communi~2.tlon with

members of their own ag e group.

(0) That the HEHDRIK 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.nd nrd of

bilingualism but also for putt:l.ng

int o pra ctice lnt ~rnatlonally

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 tradit i ons and culturnl

back groundS of both language

c;roups.

(e) That tho said school functioning

10.

20.

88 . ANNEXURE ' DD ' AFFIllAVIT W. A. LLOYD

as a Para llel Medium School must

contribute more towards fostering

a spirit of national unity a nd

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.

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.

10.

ANN~XURE 'EE' AFFID,WIT - S.D. NELL

!rl T.H,E'--2S~UPtR~EfME~_-,C~0~UR!l!:TLJO<!:F WUTlj: AFRICA.

(TR],NSVAAL PROVINCIAL DIVISION)

In the mt\ttcr between

L JAMES DONOVAN 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

- 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

10.

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'IHwat orsrond Central School Board for approximately

TEt! years until the end of 1956. I am presently

studying in the Graduate school of education of

the lVitwp.tersrand and have ch.Os~n itS my field of

study oo_operation b et weer. tIle homo p.nd Schoo l in

Educnt.ion.

}O .

90 . ANNEXURE 'EE'

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 sec t ions

of the community . In South Africa

particularly where peopl e are not homogeneous

30cial condi t 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

t hroughout would be educat i onally unsound .

3 . Doc t or JAMES BRYANT CONANT A. B., PhD

and L.H.D . L1tt. D. S. D. LL.D. C. CI,. Presiden t

of Harvard Univers ity from 193., to 1935 a leading

world Educationist on the role of the School 1n

t he community s t ates in his book "Edu cat ion and

Liberty" II , • • It 1s extremel,y difficult t o say

what is a go od educational procedure except in

terms of a particular SOCiety; a school cannot

be separat ed from the content of the families

that it ser ves, nor from t he over- all framework

in which its pup i ls wi ll probably functicn as

A.d1l1t~ • • • •• • 11

I am in agreement with this statement .

4. In my vi ew it is a well reco gnized

educational principle that different types of schools

are ne eded for different t ypes of communit i 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

industr1.."Il ized city , because curricula content,

educational philosophy and pedagogic method should be

10.

20 .

30 .

91 . ANNEXURE ' .EE '

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

Afr ike.ans speaking area an .A.frikaans Medium School

will best serve the ne eds 0: the community,

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 re ga.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

10.

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 countr ies . A large proportion of the South

Afr ican 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 .

92 . .;ijH1EXURE tEE '

AFFlDAYIT - S . D. NELL

6 . The e x istence 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. (E IGHT

THOUSAND POUNDS) for school amenities in the short

period of ton years . From my knowledge this compares

more 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.

7. I have read the Ins pe ctors Repor ts on tho

School mnde in August 19A9 and in MARCH 1954 end in

my opinton as a Member of the Wltw?tersrand Centr al

Sch oo l Board I C onslder that these r eports are as g ood

es the very best t hat I hav~ sc~n . Thes~ reports

r ecord t he gene r al exce llence of the work done a t the

school, the high scho l astic standard a t tained, the

sp l0ndid spiritual a tmosphere at this SChool ; the

extrOl~e ly hnppy relations b0tween pupils, staff and

parentsj the ad vantage the school has in having

enthusiast ic help from the staff and pf'.rent s in its

extra- mural ac t i vities; the wise guidanc e of the

Princ ipal Ur . A. S. Nel who hat. s upervi sed not only the

act i v ities of his pupils during school hours but also

the uxtra mural activities of pupils , tocchers and even

parentr: in the interests of th e children. A feature

of the School ha.s bee n its bilingual school cl'.mps , and

concerts in whioh both language groups partioipate .

Aotivi ties which might tend to divide the school such

10.

20 .

as competit ive sports, Scout s or 'loortr eklwr movements 30.

he:ve o e,OII discouraged.

93 . A...~NEXURE 'EE'

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 .

(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 pe rmanent

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

lledium School, the Afrikee.na Medium

Schools in the area will have empty

cla3s ro oms 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 wer e scrupulously guarded. The

English speaking children in the Van

Der Bijl a r ea are in the minority but

10.

20

3D

94 . Ai"'NEZURE 'I:E '

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!lteres ts 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 agains t their wishes, Parents

wishes in regard to the education of their

childre n 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 acknowled ged that she knows

£'. nd unde rst ands the contents of this .\ffidavit which

\'Iar; signed nnd sworn to before me a t JOllAUNESBURG on

this the 3rd day of JANUARY 1958 .

COMMISSIONER OF OJ,.THS ATTORNEY

'rRAHSVAJJ, PROVINCE.

Collection Number: AD1901

SOUTH AFRICAN INSTITUTE OF RACE RELATIONS, Security trials Court Records 1958-1978

PUBLISHER: Publishe,.- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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