The Gauteng High Court in Pretoria has dismissed Pretoria High School for Girls’ governing body’s attempt to access the Pretoria High School for Girls racism report. This report was commissioned by the Gauteng Department of Education (GDE). Judge Graham Moshoana ruled that the school must rely on the Promotion of Access to Information Act (PAIA) to obtain the document, rather than a separate court order, according to reports of the judgment.
The GDE appointed Mdladlamba Attorneys to investigate allegations of a culture of racism at the school. This action followed complaints about a “whites only” WhatsApp group. Three learners reported the group to the principal and deputy principal in October 2023. Twelve pupils faced a disciplinary inquiry run by the School Governing Body (SGB). They were found not guilty because the group was deemed a private platform. The Thabo Mbeki Foundation also concluded, after reviewing the messages, that the learners were not guilty of racist conduct.
What the Ruling Means for the School and the Report
Despite those findings, the GDE ordered its own probe. This investigation identified evidence of racial discrimination and institutional failures to address it, according to the department’s summary of the Pretoria High School for Girls racism report released in November 2024. The SGB wants to take that report on review but first asked the court to compel the department to hand over the full document.
Judge Moshoana found that the SGB had never seen the Pretoria High School for Girls racism report. Therefore, it could not yet show why it was necessary for the planned review. He said it would only be able to do so “once the SGB casts its eye over the report,” warning that demanding it through the courts without using PAIA was like “wishing to buy a pig in a poke”.
Responses from the Parties
In court papers, the SGB argued that the report’s existence and relevance were common cause. The GDE countered that the governing body should complete the PAIA process before pursuing a review. In dismissing the application, Judge Moshoana held that the report is a record covered by PAIA. He stated that “the SGB is not entitled to a dual process of access to information”.
