Rautenbach and Others v Governing Body of die Hoërskool DF Malan and Another (073/2024) [2025] ZASCA 78 (4 June 2025)
REPORTABILITY SCORE: 82/100 Administrative Law — Procedural Fairness — Change of School Name — Governing body of a public school resolved to change the name from DF Malan High School to DF Akademie due to its association with apartheid — Appellants challenged the decision on grounds of lack of statutory power, procedural unfairness, and irrationality — High Court dismissed the application, affirming the governing body's implied power to change the name and the fairness of the consultative process — Appeal dismissed; governing body acted within its powers, and the decision was rationally connected to the information before it.
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Case Note
Rautenbach & Others v The Governing Body of die Hoërskool DF Malan & Another — [2025] ZASCA 78 — 2025-06-04
Dates, Case No & Neutral Citation
2025-06-04; Case No 073/2024; Rautenbach & Others v The Governing Body of die Hoërskool DF Malan & Another (073/2024) [2025] ZASCA 78 (4 June 2025)
Court and Coram
SUPREME COURT OF APPEAL OF SOUTH AFRICA; MOKGOHLOA, MBATHA, WEINER, SMITH JJA, MODIBA AJA
Reportability
Reportable
HEADNOTE
Summary
This case addresses administrative law with a focus on procedural fairness as outlined in section 3 of the Promotion of Administrative Justice Act 3 of 2000. It examines the rationality behind the decision to change the name of a school and interprets whether the South African Schools Act 84 of 1996 grants the governing body the authority to effect such a change.
Held
The appeal is dismissed with costs, including the costs of two counsel, where so employed.
Cases, Statutes and Texts Cited
Cases: Head of Department, Department of Education, Free State Province v Welkom High School and Others; Chairpersons’ Association v Minister of Arts and Culture and Others; Biowatch Trust v Registrar, Genetic Resources and Others
Legislation: Promotion of Administrative Justice Act 3 of 2000; South African Schools Act 84 of 1996
THE FACTS
The governing body of DF Malan High School made the decision to change the school's name due to its historical association with apartheid. This decision was reached after a consultative process that involved various stakeholders, including parents, learners, and alumni. The appellants contested this decision, arguing that it exceeded the governing body's powers and that the consultative process lacked fairness.
THE ISSUES
The primary issues before the court were whether the governing body possessed the implied authority to change the school's name and whether the consultative process undertaken was fair and rational.
ANALYSIS
The court concluded that the governing body acted within its implied powers as conferred by the Schools Act. It determined that the consultative process was both comprehensive and fair, thereby validating the decision to change the school's name. The court found that the decision was rationally connected to the information available to the governing body at the time.
REMEDY
The appeal is dismissed with costs.
LEGAL PRINCIPLES
The ruling establishes that the governing body has implied powers to change the school's name, grounded in its fiduciary duties and governance responsibilities under the Schools Act. Furthermore, it emphasizes that procedural fairness must be evaluated in light of the specific circumstances surrounding each case.