School’s governors lose case on admissions

GOVERNING bodies do not have the final say over which pupils can be denied admission to their school – even though parents may pay extra school fees to reduce class sizes.

The Constitutional Court ruled yesterday on the Rivonia Primary School case, which had pitted the school governing body against the provincial education department.

They were fighting over who the Schools Act allowed to determine when a school was full.

The battle started when a Grade 1 pupil was refused entry into the school in October 2010 and placed number 14 on the waiting list. The mother complained to the provincial department, and its head arrived at the school in February 2011 and placed the child in a 24-pupil class.

The school argued the child was not at the top of the list and her rights did not supercede those of others.

It defended its smaller classes, explaining parents paid extra fees to employ more teachers and build more classrooms. It blamed the department for not building enough schools to accommodate the influx of pupils.

The department said the MEC had the legal responsibility to place every child in school.

The court found while governing bodies could determine admission policies, the Schools Act allowed the Education Department the final say over disputes on pupil admission.