The case arose when the Gauteng HOD, in February 2011, instructed the school principal of Rivonia Primary School to enrol a Grade 1 learner to the school, after the learner had been told by the school that the school was full. The school, which has one of the best teacher-pupil ratios of any public school in Gauteng, said it could take no more than 120 learners into four grade 1 classes.
The applicants (the School Governing Body of Rivonia Primary and Rivonia Primary) argue that this instruction was unlawful in that it violated the SGB’s right to determine the school’s admissions policy. The respondents argue that the MEC has an overriding duty to ensure every child has a place in school.
Equal Education has joined as a friend of the court (amicus curiae) in the interests of protecting the right and responsibility of Provincial Education Departments to ensure equitable access to public schools.
EE’s press statement on the case