School probed over ’no black teachers’

Pineapple Smurf

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are you trying this

S8F4zYk.png
I normally just drag a pic here where I type
Always works in the Off Topic sections but never anywhere else
 

HunterNW

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Again - this chap is perfectly protected. If they convict him of "illegally discharging a replica firearm in public" then Malema should be jailed for his little "replica" rifle incident as well

Should the justice system set a precedent for this, Malema will and should be jailed as well
Just read he was released with a warning.
 

R13...

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Again - this chap is perfectly protected. If they convict him of "illegally discharging a replica firearm in public" then Malema should be jailed for his little "replica" rifle incident as well

Should the justice system set a precedent for this, Malema will and should be jailed as well
That's not quite how the justice system works. Unless you're alleging the two situations completely the same. Also I'm sure discharging even a fake firearm in public is illegal given the potential consequences. Same as how committing a robbery with a fake gun gets you charged with armed robbery despite the fact that the gun may be a fake.
 

Mista_Mobsta

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Ramaphosa also ignored that it is illegal to have any political activity, unless it is educational, encroach on schools. This is the law.
For a president that had a critical hand in drafting our constitution, he really doesn't seem to be enforcing the constitution much is he? The ANC is being seriously lenient on all things EFF of late - all the naysayers and apologists of Ramaphosa should be seriously critical about how the ANC is handling the EFF of late. Imagine your kids go to school and a bunch of commie thugs try to intimidate your kids right outside their school grounds? If you support what the EFF is doing and how the media has turned this into ANOTHER incorrectly "racist" scenario, then please don't ever procreate!
 

TheChamp

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I am actually very much interested in the exact arguments which was presented to the judge and whether they made it clear and gave enough evidence that the function was a non-school function, not condoned by the school and separate from the school and thus the protests at the school was unwarranted.

The judge rules on what is put before him, if that was not clearly conveyed to the judge then the SGB lawyers should hang their heads in shame.

Note the judge started his ruling with IF, which implies he was not convinced on that point.

If the school was segregated, it is so repugnant that the protest is legitimate.
The judge dismissed the urgent interdict application, the school will now have to file papers for the matter to be heard, next week I think, an undertaking by the EFF to have a peaceful protest was given.

The school will now have to file papers motivating why the EFF should be interdicted from protesting at the school.

That's my understanding from what I read you can also check and confirm from the news reports.
 

Fulcrum29

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Brackenfell High vs EFF: Judge Siraj Desai defends the right to protest​

A high court application to bar protest at Brackenfell High School comes in the wake of violent clashes that broke out outside the school on Monday 9 November between EFF members and a group of parents. The EFF members were protesting against alleged racism at the school after black learners were reportedly neither informed of nor invited to a private function organised by parents after the school’s matric ball had been cancelled due to Covid-19.​

The urgent application from the Brackenfell High School governing body filed in the Western Cape High Court to have protest action barred in and around the school infringes on the rights of people to protest.

This was the core message sent by Judge Siraj Desai on Tuesday to the school’s governing body and its legal counsel, advocate Marius Verster. The governing body filed an urgent application seeking relief that would prohibit protest action around the Cape Town northern suburbs school and interim relief that would ensure the matric exams continued unhindered.


Advocate Deneys van Reenen, appearing for the EFF, told the court his client would oppose the application and asked the court for time to prepare a replying affidavit.

The application comes in the wake of violent clashes that broke out on Monday 9 November outside Brackenfell High School between EFF members and a group of parents from the school. The EFF members were protesting against alleged racism at the school. This relates to a private function organised by parents after the school’s matric ball had been cancelled due to Covid-19. It has been reported by some that black learners were neither informed of nor invited to the function.

Verster said: “We submit that the protest be carried out elsewhere, at the municipal office or city hall, to protect the matric exams and that it continues uninterrupted. The issue is the protest might happen again and we need interim protection.

“Your honour, the relief that we are seeking I accept is limited as far as the roads are concerned. The area described is very specific and we outlined the triangular shape and specifically that we don’t want protest in that area.”

However, Desai pointed out the relief was a breach of the right to demonstrate. The matter was constitutional and people had a right to be heard loudly, he said.

Desai said: “You see, Mr Verster, you are not in a position to dictate the presence or action of protest. The protest is a result of an act. They may not be factually correct, but if the facts are correct then the protesters are then entitled to protest. The only issue is to what extent does it breach the Constitution of the day.”

Replying to the judge’s comment, Verster explained that there was ample room for the protest to continue, adding that it could take place at the city hall which was quite close by. His argument was that Monday’s protest at the school erupted into chaos.

Desai told Van Reenen that the EFF papers had to be filed by Friday and the full application will be heard on Monday morning.

But Desai asked him: “Tell me what sense politically does it make if the protest would be at the city hall?”

Verster said in his experience in Johannesburg, all protests took place in front of the high court, adding that if [the EFF] protested at a public institution the protest would attract attention. The problem was that the protest at the school erupted into chaos and they were threatening more, Verster said.

Quoting from a letter by the EFF, stating that the EFF would descend on Brackenfell in its entirety and make sure nothing operated, Verster argued that it was a threat to disrupt the school examinations which happened on Monday. The risk was that it could happen again and “we meticulously attempted to describe specifically the roads which delineate the area where we say the protest will affect the school examination”, Verster argued.

However, Desai pointed out there was a much more fundamental right involved. If there was a hint of racism, the protest was entitled, the judge said.

Member of the school governing body Johannes Wilhelmus Muller explained in his founding affidavit that the purpose of the application was to obtain an urgent interdict against the EFF that would restrain it from staging a demonstration near the school.

Touching on a private farewell matric party held without informing black learners, he said: “It came to my knowledge that a private party called a Masquerade Ball was held on Saturday 17 October 2020 at the venue of Skilpadvlei Wine Farm near Stellenbosch. This party was not organised by the school or the governing body, but apparently by one or more of the parents.

“The governing body only noted the controversy about the party after it appeared on social media after the party. The controversy was that the 47 learners who attended the party were all of the white race group.”

According to Van Reenen, they received the papers only at 10.30am on Monday 9 November and didn’t have time to prepare a proper reply.

However, after being asked by Desai for an undertaking from his client, he told the court the EFF had indicated it would not disrupt the matric exams on the understanding they were still allowed to protest.

Desai said: “I want the exams to be written peacefully. The EFF is prepared to give an undertaking that it will not disrupt the matric exams on the understanding they are still allowed to protest. As long as the children are not endangered from entering the school and not prevented from writing exams.”

Desai told Van Reenen that the EFF papers had to be filed by Friday and the full application will be heard on Monday morning.

“Between now and then I accept the undertaking and I’m not making any other order at this stage because this case deals with the very fundamental issues impacting upon society,” Desai said.

“The relief that is sought by the governing body is wide ranging relief and in contravention of clause 17 of our Constitution and I don’t know if I’m at liberty to limit that right at this stage,” Desai underlined.

Meanwhile, provincial Education MEC Debbie Schafer has called for peace and calm in Brackenfell and all areas in the province. She reiterated that the department had to ensure that all matric learners had every opportunity to write their best National Senior Certificate exams.

“The debate on race and discrimination is an important one; however, it can be done with the maturity shown by our Grade 12 learners, and not by inciting aggression or violence,” she said. DM/MC
 

Fulcrum29

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Seeing this ruling it has diminished the clause in the School Act because the Constitution here takes precedence. I do see it as rather strange that the school didn't argue this, as this is indeed politics at the time a by-election takes place which is encroaching on the school and education which is also a basic right.

As I said previously, the argument was wrong, but I am now lawyer neither do I have the experience.
 

Fulcrum29

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Two statements from the judge,

1.

They may not be factually correct, but if the facts are correct then the protesters are then entitled to protest. The only issue is to what extent does it breach the Constitution of the day.”

2.

However, Desai pointed out there was a much more fundamental right involved. If there was a hint of racism, the protest was entitled, the judge said.

This still being made without establishing the facts. This isn't a Magistrates Court, this is the High Court.

At least the DA can now go, that they may not be factually correct, but if the facts are correct then the EFF are Nazis, and if there is a hint of fascism, then the DA is entitled to call them Nazi's. Our Constitution stands against fascism, simple.
 

Alton Turner Blackwood

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Yeah, some sections like this one you have to use the link. I can't drag here either.
No you don't.

On Win 10, type in "snipping tool" then new and select the areas of the pic you want. Don't press any button in ST once done (it auto copies once you release the left mouse button). Come to the posting box in here, right click and paste.

@Papa Smurf, would you be able to do that?

Example:

1605101554335.png
 

Pineapple Smurf

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No you don't.

On Win 10, type in "snipping tool" then new and select the areas of the pic you want. Don't press any button in ST (it auto copies once you release the left mouse button). Come to the posting box in here, right click and paste.

@Papa Smurf, would you be able to do that?

Example:

View attachment 950950
Once you go black Mac you don't go back
only use my Win10 machine for gaming
 

Fulcrum29

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Once you go black Mac you don't go back
only use my Win10 machine for gaming

Mac's snipping tool is like OS integrated is it not? I haven't used a Mac in a long while, so I won't know now, but IIRC it is like a much improved ShareX.
 

ponder

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Yes, as ABSURD as it sounds you need to actually provide your facts before a judge. To show that the SCHOOL is not segregated. And if that can be proven, then the protest automatically becomes unjustified.

The court was informed that it was a private function with zero involvement of the school.
 

Pineapple Smurf

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Mac's snipping tool is like OS integrated is it not? I haven't used a Mac in a long while, so I won't know now, but IIRC it is like a much improved ShareX.
a quick google result showed it doesnt have it but there are 3rd party softwares out there. Busy researching it now :thumbsup:
 
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