MEC Lesufi hails court decision as victory for Access to Education

17 October 2015

The Supreme Court of Appeal has ruled that the authority to admit learners at schools lies with the Department of Education. The judgement, delivered yesterday, comes after the Federation of Governing Bodies of South African Schools took the Department to court stating that the Admissions Regulations issued by the Department in 2012 were in conflict with national legislation.

The Department reviewed its Admissions Regulations in 2012. The issue that the Department looked at, in particular, was who had the final decision in the admission of learners to schools. The regulations also stated that Department may determine the minimum standards in the formulation of admission policy.

The Department also looked at the criteria for admissions in relation to feeder zones, by creating feeder zones as relative to the parent’s residential or place of work. This meant that in processing an application for admission to a school, the parent’s work or residential address would be looked at. The Department would also regulate the process of admission, for example, pronouncing on the commencement of the admission period, what process should be followed by schools.

The Federation of School Governing Bodies of South African Schools challenged these regulations in the South Gauteng High Court, stating that they were in conflict the primary legislation, South African Schools Act, and that they encroached on the autonomy of School Governing Bodies (SGB) to regulate admissions to schools. The High Court ruled that certain parts of the regulations were ultra vires. The Department appealed the decision of the South Gauteng High Court.

The Supreme Court of Appeal ruled that the powers of School Governing Bodies to determine admissions policy and the capacity of public schools, is not absolute. It also ruled that the Department exercises the ultimate control in determining the admission’s policy and that the powers of the department are to be exercised reasonably. The Supreme Court of Appeal also emphasised that cooperative governance is paramount between the Department and the SGBs.

Welcoming the judgement, the MEC for Education in Gauteng, Mr Panyaza Lesufi, hailed the decision as “Victory for transformation and access to education for all”. “I am of the firm belief that we have one education system and this system must be accessible to all”, said the MEC. The MEC also emphasised the Department’s commitment to work closely with all governing bodies to transform and change the education system in Gauteng into a world class system, accessible to all learners.

Statement issued by Gauteng Department of Education spokesperson, Phumla Sekhonyane, 17 October 2015