School to appeal admissions ruling
Johannesburg - A Sandton, Johannesburg school which lost a court case over its powers to admit pupils is to appeal against the ruling, its lawyer Paul Lategan said on Monday.
"We are definitely going to appeal," he said, giving no further details.
The South Gauteng High Court in Johannesburg ruling has implications for former Model C schools in Gauteng.
It ruled that school governing bodies (SGBs) in Gauteng did not have the unqualified power to determine admission policy at state-run schools. Judge Boissie Mbha found on December 7 that the provincial education department had the final say.
The school, Rivonia Primary, and its SGB took the Gauteng education department to court after it intervened when a child was refused entry to the predominantly-white school, which has the lowest class numbers in its area.
The school said it had reached its capacity.
The court ruled it was up to the department, not an SGB, to determine the maximum capacity of a public school.
The education MEC should be the ultimate arbiter.
"In my view, providing a basic education across race and class requires government intervention in the preliminary power of SGBs to determine admission policies," the judge said.
"Leaving schools to determine their admission policy, including the power to determine their capacity... one unwittingly creates space privileged schools can use and manipulate that power to fortify rather than dismantle existing inequalities," Mbha said.