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Johannesburg - The Gauteng education department did not act fairly when it forced a primary school to admit a pupil, the Constitutional Court ruled on Thursday.
The court upheld, in part, an appeal against a Supreme Court of Appeal judgment holding that the Gauteng head of department had the power to admit a pupil to Rivonia Primary School in Johannesburg.
This was despite the school's governing body putting the child on a waiting list.
However, the Constitutional Court declared that the department had failed to exercise its power in a procedurally fair manner.