Lesufi hails SCA decision

MEC Panyaza Lesufi lauded the SCA ruling that the authority to admit pupils at schools lies with the education department.

Johannesburg - Gauteng education MEC Panyaza Lesufi on Saturday lauded the Supreme Court of Appeal’s (SCA) ruling that the authority to admit pupils at schools lies with the education department, as a “victory for access to education”.

The judgment, delivered on Friday, comes after the Federation of Governing Bodies of South African Schools took the department to court arguing 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 main issue was who had the final decision in the admission of pupils to schools.

The regulations also stated that the department may determine the minimum standards in the formulation of admissions policy.

The department also considered 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 taken into consideration.

The department would also regulate the process of admissions, for example, pronouncing on the commencement of the admission period and what process should be followed by schools.

The federation challenged the regulations in the High Court in Johannesburg, arguing that they were in conflict with the primary legislation - the South African Schools Act - and that they encroached on the autonomy of school governing bodies (SGBs) to regulate admissions to schools. The high court ruled that certain parts of the regulations were ultra vires (beyond the powers). The department appealed the decision.

The SCA ruled that the powers of SGBs to determine admissions policy and the capacity of public schools, was not absolute.

It also ruled that the department exercise ultimate control in determining the admissions policy and that the powers of the department are to be exercised reasonably.

The SCA also emphasised that co-operative governance is paramount between the department and the SGBs.

Lesufi hailed the decision as a “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,” he said.

Lesufi 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 pupils.

African News Agency

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