South African School Bodies Lose Learner Admission Case Gauteng Education Department

Congress of South African Trade Unions Executives

The Congress of South African Trade Unions fully welcomes the Constitutional Court's ruling in the case of learner admission regulations in favour of the Gauteng Education Department. The federation is elated because the court's ruling and Judge ruling now makes it clear that the department of basic education will now have the final say over government schools' admissions processes.

This ruling was made following the appeal by the Federation of Governing Bodies of South Africa (Fedsas) that wanted the regulations withdrawn because they argued they caused a conflict between national and provincial legislation. They also argued that these regulations were neither reasonable nor justifiable in terms of the Gauteng School Education Act of 1995.

We are very much happy that the Constitutional Court ruled in favour of the department and said that there was no conflict between the provincial and national regulations.

Most former white schools have been abusing the legislation to isolate and exclude students based on their colour and background. We cannot have enclaves that are not open to all in this country. We commend the department for ensuring that they fight and win this case as way of dismantling racial discrimination and white privilege in our schools.

The racial and financial exclusions that we have seen in this country ,twenty two years after our democratic breakthrough remains a blot and a stain on our democracy. Young people went to prison and some lost their lives to ensure that the doors of learning are opened in this country ,and we cannot tolerate this anti transformation agenda to survive and thrive.

No learner should be barred access to education based on their socio-economic conditions. COSATU is happy to see the state being empowered and strengthened and we hope that the department will play its role in ensuring that all students have access to education.