Hoërskool DF Malan may soon have a new name, after the Western Cape High Court dismissed a bid to prevent the school governing body (SGB) from changing it to DF Akademie.
The school was named after Dr DF Malan, regarded as one of apartheid’s architects.
The political scrutiny in a post-apartheid era, along with public demand for a name change, prompted the SGB to reconsider the symbols of the school, which included its name.
The SGB officially started the process to change the school name but in 2021, aggrieved by the decision and the proposed new name, four individuals – Barend Hermanus Rautenbach, Johan Smit, Francois Malan and Barend de Klerk – launched a review application.
The initial proposal to change the name started in 2018, when the school received correspondence from an alumnus who demanded from the SGB to start the process to change the school’s name, which described the use of its current name as “insensitive and inappropriate”.
During September 2019, the school received another letter from a parent of two learners who described the use of Dr DF Malan’s name as insensitive in its association with the apartheid leadership.
Again, in June 2020, the SGB received a letter from a group campaigning under the name “DF Malan Must Fall”, demanding that the school change its name.
In addition to writing the letter, the “DF Malan Must Fall” campaign gained social media traction.
On June 22, 2020 the SGB addressed a letter to all parents, learners, alumni and school staff on its database, advising them of the SGB’s decision to embark on the process to ultimately arrive at a decision in respect of the name change.
On August 5, 2021 the SGB invited all interested parties to propose potential new names. It received a total of 626 proposals, 301 of which were to retain the name DF Malan, and 325 were new names that were proposed.
On September 7, 2021, the task group commenced with the evaluation of the proposed names. Of the 325 new names that were proposed, four names made it to the shortlist.
Eventually, only two names, Protea Akademie and DF Akademie, were found to be feasible. After a vote, 85% of 3 466 votes favoured DF Akademie.
When approaching the courts in opposition of the name change, the four argued that the process followed in trying to rename the school was flawed.
Among others, they argued that the SGB exceeded its powers when purporting to change the name of the school according to section 6(2)(a)(i) of Promotion of Administrative Justice Act/PAJA) and that both the processes followed by the SGB before making the decision and in deciding on the name change were procedurally unfair.
But Western Cape High Court Judge Robert Henney has now found: “The glorification of his name (DF Malan) by an insistence that a school be named after him in post-apartheid South Africa, where young people have to embrace a culture based on the values of our Constitution, is an insult not only to them, but to the millions of South Africans who suffered at the hands of the apartheid regime.
“The process embarked upon by the SGB constitutes fair administrative procedure, which included adequate consultation and a proper chance by all concerned to give their input.
“So much so that almost half of the persons, namely 626 participants, who were requested to propose a name change, a total of 301 participants, proposed that the name remain unchanged, which is substantial.
The application is dismissed with costs.”
In response to the outcome, SGB chairperson Andre Roux said: “We are happy. We feel we have been vindicated in the outcome in terms of the SGB confirmed being within its rights making a decision regarding the school name and the process followed was legitimate, thought through, we consulted wide enough.
In light of that we’ll re-group, the next step would be to get the Western Cape Education Department (WCED) to approve the new name.”
WCED spokesperson Bronagh Hammond said: “The WCED notes the outcome of the review application regarding the proposed name change at DF Malan HS. The governing body can now continue with the process of changing its name, subject to any leave to appeal if granted.”
Rautenbach said they would decide on whether to lodge an appeal or not after they studied the judgment and consulted with their legal counsel.
Cape Times