The bottom line of the Gauteng Department of Education’s case in the Constitutional Court is that all schools should be open to all children‚ according to MEC Panyaza Lesufi.
“There must be no child that is unfairly discriminated [against] purely because they were born in the wrong area‚” Lesufi said on Thursday.
Lesufi attended Constitutional Court proceedings in which the Federation of Governing Bodies of South African Schools (Fedsas) appealed against a Supreme Court of Appeal (SCA) ruling made in favour of the Gauteng Department of Education.
Fedsas hopes the Constitutional Court will clarify powers as set out in regulations the department introduced in 2012.
Some of these relate to school feeder zones‚ which currently say a child may be admitted to a school if he or she lives within 5km radius of the school‚ and the issuing of confidential reports‚ which may not be requested by a school from a child’s current school in determining admission.
Such information includes the financial status of a parent‚ a child’s marks and employment details of a parent.
Fedsas CEO Paul Colditz said outside court that these two issues were at the crux of its appeal. The court should declare the zoning scheme irrational and allow schools access to confidential reports prior to admission‚ he said.
Lesufi‚ however‚ said that all the department was trying to do was ensure access to schools for all children in the province which had not been realised due to the legacy of apartheid‚
“It is very difficult to defend apartheid. It is very difficult to defend privilege. For [school governing bodies] to ask parents to produce payslips‚ to produce other reports ... It’s quite clear‚ [Fedsas] can’t defend it‚” he said.
Advocate for the department Wim Trengrove SC said that when it came to the issue of feeder zones‚ the 5km radius rule was only transitional until the MEC was able to determine these for schools formally.
He said that the goal of the feeder zones was to prevent top schools from picking and choosing their students as they pleased.
Trengrove also said that Fedsas’ argument that schools should be allowed access to confidential reports on learners misinterpreted the regulation.
The regulation did not deny schools access to confidential information once a child had been admitted‚ he said. The regulation was only put in place to ensure there was no unfair discrimination in the admission process‚ he added.
Judgment has been reserved.
‘All Gauteng schools should be for all children' - MEC Panyaza Lesufi
The bottom line of the Gauteng Department of Education’s case in the Constitutional Court is that all schools should be open to all children‚ according to MEC Panyaza Lesufi.
“There must be no child that is unfairly discriminated [against] purely because they were born in the wrong area‚” Lesufi said on Thursday.
Lesufi attended Constitutional Court proceedings in which the Federation of Governing Bodies of South African Schools (Fedsas) appealed against a Supreme Court of Appeal (SCA) ruling made in favour of the Gauteng Department of Education.
Fedsas hopes the Constitutional Court will clarify powers as set out in regulations the department introduced in 2012.
Some of these relate to school feeder zones‚ which currently say a child may be admitted to a school if he or she lives within 5km radius of the school‚ and the issuing of confidential reports‚ which may not be requested by a school from a child’s current school in determining admission.
Such information includes the financial status of a parent‚ a child’s marks and employment details of a parent.
Fedsas CEO Paul Colditz said outside court that these two issues were at the crux of its appeal. The court should declare the zoning scheme irrational and allow schools access to confidential reports prior to admission‚ he said.
Lesufi‚ however‚ said that all the department was trying to do was ensure access to schools for all children in the province which had not been realised due to the legacy of apartheid‚
“It is very difficult to defend apartheid. It is very difficult to defend privilege. For [school governing bodies] to ask parents to produce payslips‚ to produce other reports ... It’s quite clear‚ [Fedsas] can’t defend it‚” he said.
Advocate for the department Wim Trengrove SC said that when it came to the issue of feeder zones‚ the 5km radius rule was only transitional until the MEC was able to determine these for schools formally.
He said that the goal of the feeder zones was to prevent top schools from picking and choosing their students as they pleased.
Trengrove also said that Fedsas’ argument that schools should be allowed access to confidential reports on learners misinterpreted the regulation.
The regulation did not deny schools access to confidential information once a child had been admitted‚ he said. The regulation was only put in place to ensure there was no unfair discrimination in the admission process‚ he added.
Judgment has been reserved.
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