Former Model C school considers appeal

2011-12-08 21:04

Johannesburg - A Sandton school that lost a court case over its powers to admit pupils is considering the option of an appeal, its lawyer, Paul Lategan, said on Thursday.

"We are waiting for confirmation from our client."

Lategan said the matter was not limited to the school (Rivonia primary) but to every former Model C school in the province.

"They are all implicated."

The South Gauteng High Court ruled on Wednesday that school governing bodies (SGBs) in Gauteng did not have the unqualified power to determine admission policy at state schools.

Judge Boissie Mbha found that the provincial education department had the final say.

The school 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 MEC for education 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 [where] privileged schools can use and manipulate that power to fortify rather than dismantle existing inequalities."

  • bernpm - 2011-12-08 21:26

    Does the Provincial Department have nothing else to do than counting seats and square meters of schools for some micro management? Or are we simply after these ex model C schools because their results are too good for the country?

  • Geronimo - 2011-12-08 21:38

    This is not a uniquely South African issue. The very same thing occurs in England with Grammar schools (which are state schools) being the preserve of the lucky few. Note: socio-economic issue, not race issue. Surely the school knows what's best for it, rather than some corrupt fat cat?

  • Cracker - 2011-12-08 21:43

    All fine. We need more manual laborers on this country. Brilliant court case for that purpose. As someone earlier today on one of the radio stations stated, even a taxi can become overloaded, so why not schools. What is it with blacks in high positions in this country? Cut the nose to spite the face mentality? OK, the Chines and the Koreans and all the rest will not mind. They will escalate into the new masters. In our very own country, and the bewilderment on the part of the authorities when it takes place will be more than enough to compensate for the anguish we are now made to endure. Can't you in authority think what your court case is going to cause?

      Smanga Zwane - 2011-12-09 06:38

      Hey Crackhead! Last time I checked the education MEC is barbara creecy... She is very white you racist peice of wood.

  • wellington.chagonda - 2011-12-08 23:09

    For me to write,although not good, i owe it to the right to education,now you are busy fighting for elite schools while my kids are not going to school,one day you shall perish in the hands of the people.AFRICAis going to be ruled by true people,we also want to be presidents but where do i start,A word for thoughty

  • Kevin - 2011-12-09 05:27

    Do not appeal. The anc wants all good schools to have 50+ kids per class, a high failure rate and broken windows and stolen facilities. Having some centres of excellence is beyond the capability of the anc to comprehend. Rather spend your money on a private school.

  • Hermann - 2011-12-09 06:30

    Forget the appeal. In South Africa we live in a "gimme society" have they not realised that yet.

  • ludlowdj - 2011-12-09 09:37

    The biggest threat to education is the government, if you want to know why after 18 years of democracy education standards have dropped its because the ANC would rather overcrowd classrooms and deliver lower standards than build more schools. But I suppose building more schools would interfere with their funds for celebrating 100 years of idiocy and 18 years of plundering.

  • Willem - 2011-12-09 10:20

    The problem is the same in a lot of social institutions. The Government does not pay all the bills. The Judge in this case is wrong because the state do not pay all the bills. The capacity of the schools for what the government is paying for is much lower that what the school has.

  • Willie - 2011-12-09 11:57

    This will now open good quality schooling to the mess the rest are in, they should do their homework and appeal if at all possible to win this. It is said that it is predomedantly a white school... is there coulered students in the school or not? Thus what nonsense is this MEC talking? The school should be able to determine numbers they are comfortable within reason. I think this goes around a school that is well managed and where the kids does well in fact so well that it shows just how bad others are.

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