Pretoria man loses court bid to halt opening of new school

A Pretoria East man has failed with his urgent bid to stop a new school from opening on his doorstep.

Judge Bert Bam, in the North Gauteng High Court in Pretoria, dismissed an urgent application by Lukas Fourie, who owns two small holdings in Shere Agricultural Holdings, next to Lynnwood Road, to stop Eadvance from opening the new Sparks School Silver Lakes next door to him.

The previous owner of the property was granted the right to conduct a conference facility, chapel and restaurant on the premises, but the restaurant closed in 2014.

Fourie turned to the court when he saw an advertisement for the school on the outside fence of his neighbour’s property.

He maintained the school was unlawful, as the small holdings in that area were restrictively zoned, but Eadvance opposed the application, maintaining no restricting conditions applied any more and that the establishment of a small school fell within the ambit of the meaning of a conference centre and training granted to the previous owner.

Judge Bam said although the establishment of a school on the smallholding had not been authorised, he had to take the surrounding circumstances into account.

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The school had opened on January 11 with about 97 children, although Eadvance has submitted a re-zoning application with the intention to increase the number of pupils to that of a large school.

Judge Bam said the court had taken note of the country wide problems with educational facilities and a news clip that about 40 000 children were not yet accommodated.

He agreed with a submission by the school that the education of previously disadvantaged children was of cardinal importance and that the children would be deprived of their right to education if Fourie’s application succeeded.

The Judge said there was no indication that Fourie had ever complained about the restaurant and there was no proof that the gravel road he used to get to his properties would be damaged and cause him harm. 

Judge Bam said Fourie’s complaint that the school would alter the rural character of the properties was unfounded as there was a neighbouring shopping centre directly adjoining one of his small holdings and the area was rapidly developing.

He said Fourie could have applied for a court order if the City of Tshwane was reluctant to investigate the situation and the school’s alleged unlawful conduct.

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