In her ruling, Mathebula said while some of the respondents had argued that the matter was not urgent, partly because of the lockdown, “a court will always come to the aid of the vulnerable when their welfare and life is under threat and ignored by those tasked with the responsibility to protect them”.
The judge said the child was admitted to the school but refused entry because it was conditional on her behavioural impediments and addictions being dealt with.“But it is my opinion these conditions are unlawful,” the judge said. “She is effectively being barred from attending school until she has been ‘cured’. Every child who is admitted to school must be allowed to attend.”
She also ordered that the child be given access to medical, therapeutic, psychiatric and psychological care, and that she be admitted to the school and, if appropriate, to the hostel.