SCA rules against Gauteng educ dept

2012-11-30 18:03

Bloemfontein - The Supreme Court of Appeal on Friday ruled that the governing body of a public school - not the provincial education authorities - has the authority to determine the number of children the school may admit as part of its admission policy.

The court also unanimously held that a provincial government had no authority to override the school's policy.

The SCA upheld an appeal by the school governing body of the Rivonia Primary School against a judgment of the South Gauteng High Court on 7 December 2011.

Principal Carol Drysdale faced a Gauteng Department of Education disciplinary hearing for resisting the admission of a pupil after a parent had complained.

The SCA ordered the respondents - the Gauteng MEC for education, the head of the Gauteng education department, and the district director of Johannesburg East - to pay the costs of the appeal.

  • squeegee.pilot - 2012-11-30 18:04

    Great result! Power to the parents...

      Thabani - 2012-11-30 22:28

      U know why these results are good to you,its because you have never experienced such a thing and you will never because of yuor skin colour. My child was denied access to a former model c school because the smt claimed it was full bt two days after that a white child was admitted. What do you call that?great result.

      Thabani - 2012-11-30 22:31

      U know why these results are good to you,its because you have never experienced such a thing and you will never because of yuor skin colour. My child was denied access to a former model c school because the smt claimed it was full bt two days after that a white child was admitted. What do you call that?great result.

      piet.motsoeneng - 2012-12-01 07:02

      Its not only you Thabani, many parents go through that and thats why I have problem with this ruling. Thats what some people dont understand here. Black parents have to go through that everyday and I also went through that. This should not be seen as being racist, its the truth. White parents dont go through thay thats why they think its great news.

      debra.denise.90 - 2012-12-01 07:16

      Thabani, I have a child that was denied access to a public school, and yes I am white and so is my child! The reason was that there was that the school was full.

      jakalas.kruger - 2012-12-01 07:32

      The government provide for 20 teachers (example) per school, that relates to 1000 learners in the school with 50 learners per class. The school is then full. The parents know that their children will not get a decent education with 50 learners in the class so they pay school fees in order for the governing body to appoint an additional 20 teachers so that the learners per class come down to 25 (example). So what will happen when government now forces the school to accept an additional 25 learners in the class because the classes are now "empty"? The parents will take their children to another school. This African logic is not working for anyone.

      maylani.bezuidenhout - 2012-12-01 09:08

      Oh please Thabani, I can't get my kids into their brother's school because it is full. If the children are not sent from Grade 00 there is simply no space available if you try get them in for Grade 1 the only spaces available are due to transfers. It has nothing to do with race. And that other child was probably ahead of yours on the waiting list. Not even the children of old pupils get preference these days. To expect teachers to effectively teach classes with 50 in is simply ridiculous. The education department cannot strong-arm good schools into dropping their standards! Would you want that for your child?

  • kim.buren - 2012-11-30 18:09

    Great to hear that someone is taking a stand against over crowing in schools. I say build more schools if they worred about the education in SA. Good on you Rivonia Primary for not taking Sh#t from this government. At least they are concerned about the education as the education department sure as H@ll aint

      patricia.dewet.92 - 2012-11-30 21:49

      Get the children in to the empty schools in the townships. Problem solved.

      piet.motsoeneng - 2012-11-30 22:06

      Patricia, which schools are empty in townships? Mostly you will find about 60 learners cramped into one class, so what are you talking about?

  • sean.noble1 - 2012-11-30 18:12

    Nice one victory won no forced 100 pupils where 20 should be. Education dept i suggest you build schools and train some teachers.

      lacrimose.wolf - 2012-11-30 18:40

      When ever does govt go for the obvious, logical and speedy solution? We all know what needs to be done, they spend 5 years telling us what we already know, then still do nothing. Then they beg for and get another 5 years and then.....

      piet.motsoeneng - 2012-11-30 21:25

      So, Sean, what do you suggest should happen to the remaining 80 kids while they wait for government to sort out this mess? Are we not denying them their basic right to education?

  • piet.motsoeneng - 2012-11-30 18:17

    I still say, yes its a great victory for SGB's but there are schools which exclude some learners deliberately not necessarily that they are full. SGB's should also ensure that a learner is refused admission when they 100% sure that nothing can be done to accommodate the learner. Some schools admit learners only through intervention of Provincial department. There has also been evidence that some schools keep low numbers just to maintain a particular % of pass rate, while some admit unreasonably high number of students just so that principal can earn a higher salary. Whichever way we look at it, it is sometimes important for department to intervene.

      godfried.kruger.9 - 2012-11-30 18:59

      Piet, My concern as well. Would it not lead to selective practices to deny some learners opportunities? Would it not be better to give the Department the right to formulate policy, providing it comes with the right resources?

      piet.motsoeneng - 2012-11-30 21:12

      We deal with such cases everyday. Sometimes you find the principal colluding with SGB to manipulate the system. There is one case where The principal's wife is the school's clerk and cousin is the chairperson of the SGB. We actually received a complaint from one of the educators that principal and his close relatives are running the school like a family business, and that includes finances. Are we now saying even in such circumstances the department should not intervene? We should be realistic when it comes to schools, not all school are ran properly. I think tjis may at times cause more harm than good.

  • mphotant.thelejane - 2012-11-30 18:29

    MEC's and never sober DG's are a big expense to state funds...

  • steven.whiting.311 - 2012-11-30 18:46


      squeegee.pilot - 2012-11-30 18:50

      Why are you shouting at us?

  • sipho.mbuyazi.9 - 2012-11-30 18:50

    This is another victory for white schools to exclude black kids in their schools. There is the more to be expected from the DA government. Its always black kids that are refused access to these schools unfortunately.

      marius.wannenburg - 2012-11-30 18:59

      Ag shame Sipho, ag shame!

      patrick.saunders123 - 2012-11-30 19:47

      black parents do enough to ensure that their children are denied education. Just look at the Northern Cape. Then of course there's the text book fiasco in Limpopo. Maybe you should stop blaming whites for problems created by blacks.

      nokulunga.sithole.9 - 2012-11-30 21:26

      Why is everything about race with black people? I went to Rivonia Primary and there were many blacks kids in my class

  • jo.vankatwijk - 2012-11-30 20:00

    There was a time, when I was still teaching, when the Dept of Ed said: you have x-number of square meters of property so you must accept y-number of pupils. They expected the school hall and any other undercover area to be used as classrooms. As it is most of the classrooms in the formerly white schools were built to hold max 25 pupils and yet, currently, already hold 35-40 kids for some subjects.

  • terrence.schwartz.1 - 2012-11-30 20:23

    Congrats Carol - Common Sense prevails.......

  • vernon.samuel.7 - 2012-11-30 20:30

    The more I see the courts over-riding the government's decisions, the more I realise for certain that our government sometimes does not have a clue. Is it not worrying that a) government does not fully understand the laws that they basically wrote, b) do not have competent legal advisors that our taxes are paying for, c) are again wasting unnecessary money by not doing things properly that they have to fork out more taxes to defend their dubious decisions in court, and d) I hate to be so blunt, but basically government comprises idiots and bullies? Worrying times for SA taxpayers, worrying times indeed.

  • Strikeback - 2012-11-30 21:39

    Excellent outcome. Let the politicians provide the foundation for education. Leave the people who care, to decide the day to day management. The students can do it better than a politician.

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