A teacher from a primary school in Schweizer Reneke will be back at work on Friday after the Labour Court lifter her suspension.
Elana Barkhuizen was at the centre of a racial twitter storm over a photograph taken on the first day of school showing a group of black Grade R children sitting at a separate table from a group of white learners.
She was accused of being a racist and was suspended soon after the incident by the MEC of Education in North West Sello Lehari.
Judge Connie Prinsloo said in her Judgment that it was illegal for the MEC to suspend the teacher as she is not employed by the Department of Education.
She also stated that the due process was not followed and that it was not necessary to suspend Barkhuizen.
Trade Union Solidarity assisted Barkhuizen with her court case and also approached the South African Human Rights Commission to investigate the matter.