The judgement upheld the Head of Department’s role to admit pupils in public schools.
In a statement, the Gauteng Department of Education said, “We believe this decision is important in terms of ensuring that all Gauteng pupils can have equal access to quality schooling. We intend to study the judgement and implement it in a fair manner.”
The case stemmed from the 2010 refusal by Rivonia Primary School to admit a pupil to the school.
At the time, the school claimed that it was full. On 8 February 2011, officials of the Department of Education marched the child to the school and physically placed her in an empty desk.
The school brought an application in the South Gauteng High Court arguing that it had the power to dictate the admission policy of the school. The High Court dismissed the application. The school then appealed to the Supreme Court of Appeal. The Supreme Court determined that the department did not have the authority to override the school’s admission policy. It was determined that the instruction by the Head of Department to place the child in the school, as well as the placing of the child in the school was unlawful.
“On appeal to the Constitutional Court, the majority concluded that the Head of Department had the power to admit the pupil,” read a statement of the Constitutional Court’s website. “It held that the school governing body may, in terms of the Schools Act, determine capacity as part of its admissions policy. However, this power is subject to other provisions of the Schools Act, which states that the department maintains ultimate control over the implementation of the admission decisions. Further, the provincial regulations afford the Head of Department the specific power to overturn a principal’s rejection of a pupil’s application for admission.”
The Court declared, however, that the Head of Department had failed to exercise his power in a procedurally fair manner.
