Concourt rules that education department has power to decide on admission policy
The Constitutional Court has found that the Gauteng Department of Education does have the power to decide the admission policy at state schools.
The Federation of Governing Bodies of SA (Fedsas) turned to the highest court in the land after losing the case in the Supreme Court of Appeal.
Deputy Chief Justice Dikgang Moseneke delivered the unanimous judgement that found the Gauteng department and its MEC acted within regulations when placing learners in schools and in deciding the feeder zones for state schools.
"Its guiding purpose is to ensure that every learner is placed in a school...a duty imposed by our constitution," Moseneke said.
In their reaction, Fedsas said they were still studying the judgement and the impact thereof before a decision would be taken on whether to appeal.
In his reaction, Gauteng MEC for Education, Panyaza lesufi said the judgement was a victory and that all schools belong to all children.
Lesufi said on Facebook the judgement empowered his department to declare new feeder zones size bearing the traditional 5 kilometre radius.
He added that in future no parent would be asked a salary slip before their children are admitted in the province's schools.