CCT135/12

[2013] ZACC 34

2013 (6) SA 582 (CC)

2013 (12) BCLR 1365 (CC)

Mhlantla J Majority judgment

Jafta J minority judgment

3 October 2013

http://hdl.handle.net/20.500.12144/3702

Application for leave to appeal against a judgment of the SCA: Governing Body of the Rivonia Primary School and Another v MEC for Education: Gauteng Province and Others (161/12) [2012] ZASCA 194; 2013 (1) SA 632 (SCA); [2013] 1 All SA 633 (SCA) (30 November 2012). The case was previously heard in the Johannesburg High Court: Governing Body of the Rivonia Primary School and Another v Mec for Education: Gauteng Province and Others (11/08340) [2011] ZAGPJHC 182; [2012] 1 All SA 576 (GSJ); 2012 (5) BCLR 537 (GSJ) (7 December 2011).

Application for leave to appeal against the judgment of the Supreme Court of Appeal upholding an appeal against the judgment of the High Court. The Head of the Department of Education, Gauteng Province (HoD) had instructed the principal of Rivonia Primary School to admit a Grade 1 learner who had been refused a place at the School on the basis of its admissions policy. The School brought an application for a declaration that it had the power to make its admission policy and admit learners in accordance with it. The Court held that the School did have the power to make its admission policy, but that this power is subject to the rest of the Schools Act 84 of 1996. That Act, along with the provincial regulations enacted under it, affords the HoD the power to overturn a principal’s rejection of a learner’s application for admission. However, in this case, the Court held, the HoD had not exercised his power in a procedurally fair manner. The Court upheld the appeal in part, holding that the HoD had the power to admit the learner, but that he had failed to exercise that power in a procedurally fair manner. Majority: Mhlantla AJ (Moseneke DCJ, Bosielo AJ, Froneman J, Khampepe J, Nkabinde J and Skweyiya J concurring). Minority: Jafta J (Zondo J concurring).