GDE has the final say on admissions
The Supreme Court of Appeal has ruled that the Department of Education (GDE) has the final say on the admission of learners.
The judgement comes after the Federation of Governing Bodies of South African Schools (Fedsas) took the department to court stating that the Admissions Regulations issued by the department in 2012 were in conflict with national legislation.
This followed the South Gauteng High Court’s decision to grant an urgent application in May to prevent the provincial education department from actively interfering with public schools’ language and admissions policies.
The department reviewed its Admissions Regulations in 2012.
The issue that the department looked at, in particular, was with whom the final decision rests in the admission of learners to schools.
The regulations also stated that the department may determine the minimum standards in the formulation of admission policy.
The GDE also looked at the criteria for admissions in relation to feeder zones, by creating feeder zones as relative to the parents’ residence or place of work.
This meant that in processing an application for admission to a school, the parents’ 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.
Fedsas challenged these regulations in the South Gauteng High Court, stating that they were in conflict of the primary legislation 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 (beyond one’s legal power or authority).
The GDE appealed the decision of the South Gauteng High Court.
The Supreme Court of Appeal ruled that the power of SBGs 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, 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,” says Lesufi.
He 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.
