Kimberley - The admission and enrollment of learners at schools in the Northern Cape has been put on hold after the Federation of Governing Bodies of South Africa (Fedsas) took the HOD and MEC of the provincial Department of Education to court to challenge the department’s admission policy.
As a result of the court action, the Northern Cape High Court ordered the department to set aside a circular (dated March 14 2016), outlining its admissions policy.
Department spokesman, Geoffrey van der Merwe, on Wednesday confirmed that there was no feedback currently regarding the admission and enrollment of learners for the 2017 academic year.
He added that the controversial circular had been replaced by the department and that a meeting would be held on Thursday with all School Governing Body Associations (SGBs) to discuss the matter and “ultimately pave the way forward”.
“We want to assure all parents and schooling communities that this matter will be finalised as soon as possible to ensure the successful admission and enrollment of learners for the 2017 academic year,” Van der Merwe said.
Fedsas took the HOD as well as the MEC of Education in the Northern Cape to court in response to the circular (26/2017) issued by the department on March 14 and addressed to principals and SGBs, outlining the department’s admission policies for 2017.
Fedsas challenged several paragraphs in the circular, including a statement that the decision to admit a learner rested squarely in the hands of the Head of the Education department and not the school governing body.
Also questioned was a statement that it was the responsibility of principal, acting under the authority of the head of department, to implement the department’s admission policy.
Other issues in the circular challenged by Fedsas were the age requirements for admission to a public school (with the department stipulating that schools must only admit Grade 1 learners who are six years turning seven in the year of admission), the type of admissions register to be kept by schools and the re-registration of learners.
Fedsas also queried a paragraph that states that school principals are responsible to ensure that certain “illegal practices” do not take place at schools, including the testing of learners, charging of various fees and use of academic performance, sport or cultural achievements, interviews, unpaid school fees, disciplinary record and confidential report of learners.
In its court application, Fedsas pointed out that it originally raised its concerns at a meeting held with the department on March 1, before the circular was issued, and was given the assurance that a draft circular would be submitted to the body for its input prior to it being officially published.
Nothing, however, came of this undertaken and according to Fedsas “it was taken by complete surprise when the final circular was brought to its attention by its members”.
Fedsas argued in its application that the contents of the circular had the potential of affecting the legal rights of SGBs with regards to the manner in which applications for admission were to be made for the 2017 school year.
In his ruling, Judge Johan Olivier, assisted by Judge Celia Williams, pointed out that it was common cause that the circular concerned had never been preceded by a draft version or by any consultation at all.
“The scheme of the South African Schools Act envisages a partnership between the Minister for Education, and the Head of a Provincial Department of Education and Governing Bodies and it is difficult to conceive a partnership functioning properly without any consultation and communication amongst its partners.
“I am of the view that the applicant (Fedsas), and any other similar organisations that may have been represented at the meeting, should in the circumstances have been granted the opportunity to be heard on the contents of the proposed circular.
“Some of the challenged contents of the circular are so entwined and interwoven with the rest of its contents that the only practical approach would be to set aside the circular as a whole.”
Judge Olivier further pointed out that the respondents (the HOD and MEC of Education) were afforded the opportunity of avoiding litigation “but instead chose to ignore the applicant’s letter and to answer the applicant’s founding affidavit in an abrasive tone”.
The respondents were ordered to pay the costs of the application.
Van der Merwe said on Wednesday that the department regarded early enrolment as a priority for the start of a successful school year.
“The full use of teaching time during an academic year is necessary for sound academic performance, and thus it is important that children are enrolled well before the end of 2016.”
He added that the purpose of the circular was to: inform school principals, school governing bodies (SGBs) and district officials of the procedure for enrolment of learners for the 2017 school year and related to children entering school for the first time, those starting high school and those changing school; meet the objectives of the Bill of Rights as contained in the Constitution of the Republic of South Africa Act; support schools in developing admission policies within the prescripts of national and provincial legislation, including public and private law; afford all children access to public schools within the prescripts of the law; facilitate the admission of learners to ordinary public and special schools in the Northern Cape in a timely and efficient manner; ensure the lawful administration of learner admission and registration in schools; enable effective teaching and learning to commence on the first day of the school year and the first day of successive school terms; and align the admission processes to ensure uniformity within the Northern Cape Province.
“The Department of Education has scheduled a meeting on Thursday, with all SGB associations to discuss this matter and ultimately path the way forward. We want to assure all parents and schooling communities that this matter will be finalised as soon as possible to ensure the successful admission and enrollment of learners for the 2017 academic year.”
It is important that children are enrolled well before the end of 2016
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