Education
With regard to applications for enrolment at public schools:
(a) At what point is public schools declared full, (b) who makes this determination, (c) what legislation is used to determine this and (d)(i) how, (ii) when and (iii) by who is this communicated to the parents and the general public?
(a) The admission policy of a public school is determined by the governing body of such school. This can include the maximum capacity. Schools plan their enrolment and intake in line with their admissions policy mandate, based on their prevailing context – including the number of learners to be progressed and retained, and factors such as available classrooms and staffing.
(b) The School Governing Body.
(c) In terms of section 5 (5) of the South African Schools Act of 1996, the admission policy of a public school is determined by the Governing Body.
I refer to the judgment handed down in the Supreme Court of Appeal: The Governing Body of the Rivonia Primary School v MEC for Education: Gauteng Province:
“To conclude, governing bodies are enjoined to determine school policies, including their capacity, while provincial departments are responsible for the professional management of schools and administration of admission. These functions must not be conflated. The determination of capacity must comply with national norms and standards set by the Minister and must be determined on reasonable and rational grounds. Just as a governing body may determine the school’s capacity, so too does it have a discretion to exceed that capacity if the circumstances require, and that discretion must also be exercised on rational and reasonable grounds. But it is not open to the HoD summarily to override that authority as occurred in this case.”
(d) Once having determined its admission policy, it remains for the governing body to apply and communicate that policy. Any parent or individual can have access to the admission policy of a school.
