Civic organisations welcome Rivonia School judgment
The Legal Resources Centre (LRC), Equal Education (EE) and the Centre for Child Law (CCL) have welcomed today's judgment by the Constitutional Court which ruled that the Gauteng Provincial Department of Education has the power to admit a learner in excess of Rivonia Primary School's admission policy.
The LRC was representing EE and CCL, the amicus curiae.
Sarah Sephton, LRC regional director in Grahamstown said "the LRC is pleased with the outcome of the judgment because it is in line with the arguments we advanced on behalf of our clients. We welcome the Court‘s expression that the resolution of disputes between the School Governing Body (SGB) and the Department should be the managed with reference to the Constitution and the best interests of our children.
"We urge all SGB's, the National Government and the Provincial Judgment to strive to work hand in hand together to improve the quality of education and access to education for ALL South African children."
In 2011, Rivonia Primary's School SGB refused to grant enrolment to a grade one applicant, providing a catalyst for ensuing litigation over whether the ultimate power to determine a public school's enrolment capacity (and, in turn, whether a student is permitted admission) lies with the Gauteng Provincial Department of Education or the SGB. The High Court, in first instance, found that the Department has the final say on admissions. However, that decision was overturned on appeal to the Supreme Court of Appeal (SCA), with the SCA finding that the power rests with the SGB.
Ann Skelton, the director of the Centre for Child Law, welcomed the Court‘s expression that the resolution of disputes between the School Governing Body (SGB) and the Department should be the managed with reference to the Constitution and the best interests of our children.
EE's deputy national coordinator, Yana van Leeve, said "Equal Education welcomes the Constitutional Court's ruling affirming the collective responsibility of the State and SGB's to ensure access to education for all learners. While we recognise the valuable role parents and SGBs play in supplementing the resources of the State to provide quality education, policies relating to capacity and fees cannot be used as a mechanism to maintain unequal patterns of exclusivity for the rich.
"The Court correctly confirmed the balancing between private and public interests as any powers of the governing body must also "be understood within the broader constitutional scheme to make education progressively available and accessible to everyone, taking into consideration what is fair, practicable and enhances historical redress. The needs and interests of all other learners cannot be ignored," van Leeve said.
Note: The LRC is an independent, non-profit, public interest law clinic, which uses law as an instrument of justice to provide legal services for the vulnerable.
The CCL was established by the University of Pretoria and its main objective is to promote child law and uphold the rights of children in South Africa, within an international and regional context.
EE is a movement of learners, parents and community members. It works to promote quality education for all through campaigns grounded in detailed research and policy analysis and supported, where appropriate, by litigation.
Statement issued by Khumbulani Mpofu, LRC's Communications and Marketing Officer, Ann Skelton, Director of the Centre for Child Law, Yoliswa Dwane, Chairperson of Equal Education, October 3 2013
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