NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION 373
DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 09/09/2011
(INTERNAL QUESTION PAPER: 28/2011)
Mr M J R de Villiers (DA-WC) to ask the Minister of Basic Education:
1) Whether her department has any policies in place to address the
matter of certain public schools which are refusing to register
learners who are residing outside their service areas; if not, why
not; if so, what are the relevant details;
2) whether her department will put any measures in place to prevent and
stop these activities; if not, why not; if so, (a) what measures and
(b) what are the further relevant details;
3) whether her department has taken any steps to assist parents whose
children have been refused to register at such schools; if not, why
not; if so, (a) what steps and (b) what are the further relevant
details? CW472E
RESPONSE:
1) The National Education Policy Act, 1996 (Act No. 27 of 1996) (NEPA)
and the South African Schools Act, 1996 (Act No. 84 of 1996) are the
policies in place which address all admission matters. Section 33 of
NEPA provides for the creation of feeder zones. The two Acts are
adequate in providing frameworks to all provincial departments of
education and governing bodies of public schools to manage admission
policies in schools. Their implementation and enforcement by
provincial departments ensures that the admission policy of a public
school and the administration of admissions by an education department
do not unfairly discriminate in any way against an applicant for
admission.
(2) Section 43 of the National Educational Policy Act provides for
parentsâ rights to appeal to the Member of the Executive Council when
they are dissatisfied with a decision by a school with respect to
admitting a learner. Any learner or parent of a learner who has been
refused admission to a public school can appeal against the decision
of the school to the Member of the Executive Council in terms of
section 5(9) of the South African Schools Act, 1996.
3(a) To assist parents whose children have been refused admission to a
school, each Provincial Education Department has an Admission Task
Team to manage all admission processes of the province. The structure
is replicated at District level, led by a District Admissions
Coordinator who is responsible for resolving all admission queries in
the District, including the placement of learners who have not been
admitted to schools for one reason or the other. The Coordinators
investigate reported cases of refusal for admissions and make a ruling
which may include overturning the decision of the school.
3(b) Contact details of Provincial and District Admission Coordinators
including appeal forms are available at all schools for use by
parents. Refusal to admit learners by schools must be done in writing
by the principal of the school who has a delegated responsibility on
managing admissions at school level on behalf of the Head of
Department (Section 6 of NEPA and Section 5(8) of SASA)