Get IOL's cool new iPad app...
Bloemfontein - The Supreme Court of Appeal will hear an appeal on Friday about whether it is up to the state or a school governing body to decide the capacity of a public school.
The appeal has been brought by the governing body of the Rivonia primary school about a declaratory order against it in the High Court in Johannesburg.
In 2010, the Gauteng Education Department forced the school principal to accept a Grade One pupil even though the school was full.
The pupil was put on a waiting list, but was later enrolled by an order of the department.
The principal was threatened with disciplinary action.
The governing body launched a court application to seek certain declaratory and interdictory relief.
The appeal involves an interpretation of the South African Schools Act, the admissions policy of a public school and who determines the capacity of a school. - Sapa