Constitutional Court forces education stakeholders to cooperate, says FEDSAS
Better communication and cooperation between education departments and school governing bodies is at the heart of today's Constitutional Court ruling in the case between the Gauteng Education Department and Rivonia Primary School in Johannesburg.
The case originated in 2011 when the school, according to the school's admission policy (which also includes requirements for classroom capacity), refused admission to a Grade 1 learner. The parent then lodged a complaint with the Gauteng Education Department and the MEC concerned, which led to Rivonia Primary School being forced to admit the learner.
The school took the matter to the South Gauteng High Court, which ruled in favour of the provincial education department. However, the Supreme Court of Appeal did not agree and ruled that admission policy is a function of a school's governing body. The case then went on to the Constitutional Court.
Today (03 October 2013) the Constitutional Court ruled that the head of an education department does have to authority to instruct a school principal to admit a learner to a school, but that the Gauteng HOD did not follow procedure in the Rivonia case. The governing body of Rivonia Primary School is a member of the Federation of Governing Bodies of South African Schools (FEDSAS).
"The Constitutional Court has now brought clarity to the interpretation of article 5 of the Schools' Act. In short it means that a governing body has the function of creating an admission policy, but that the education department still maintains control over the application of the admission policy. However, provincial education heads have to use a school's policy as guideline when decisions are made," says Mr Paul Colditz, CEO of FEDSAS.
Colditz emphasised the fact that education heads, in instances where decisions deviate from a school's admission policy or where decisions are set aside, these decisions should be exercised in a legitimate, reasonable and procedurally fair manner.
"The policy should be applied in a fluid way," he said. "This ruling also points out the lack of communication between departmental officials and governing bodies. A discussion between a school principal and his or her employer will not suffice. The discussion should take place between the governing body and the department, and FEDSAS is committed to constructive discussions."
"With regards to this ruling, FEDSAS is focusing on the court's statement that stakeholders in education should cooperate and that discussions should be meaningful engagement in good faith. We want to reassure our members that schools are not left exposed by this judgement, or that they will be at the mercy of officials. All actions must still take place within the legislative framework."
Colditz says the ruling was also an indirect reprimand to provincial education departments that do not ensure that sufficient space is available in quality schools. "Incidents such as these would not occur if each province made sure that there is quality education available in that province. Because provincial education departments cannot address the root cause of the problem - underperforming schools - they are now placing the burden on those schools that are providing quality education. In this instance the Constitutional Court also made it clear that cooperation with governing bodies is of vital importance."
FEDSAS wants to reiterate that cooperation between all stakeholders is the only solution to South Africa's education problems.
"At the moment everybody is pulling in a different direction. Cooperation with respect of each stakeholder's functions is the only way to guarantee quality education. The Constitutional Court has stressed the importance of the fact that all decisions in education must be made with the best interests of learners as primary guideline," says Colditz.
FEDSAS wants to recommit to constructive cooperation with all education stakeholders and is prepared to share the organisation's expertise in the field of school governance and management.
Statement issued by Mr Paul Colditz, FEDSAS CEO, October 3 2013
(FEDSAS is a voluntary association of school governing bodies of public schools and supports quality education in these schools. More than 1600 public schools are already members of FEDSAS).
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