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Pretoria - The Gauteng Department of Education says it welcomes the judgement handed down by the Constitutional Court on Thursday, saying it affirms the role of the Head of Department in school admissions.

Rivonia Primary School refused to admit a Grade 1 pupil in 2011, citing that they had reached their intake capacity, despite it being less than the number required by the Department of Education in all public schools.

This resulted in a court case with the Gauteng Department of Education over who had the power to determine intake capacity between the department and school governing bodies.

The Supreme Court of Appeal ruled in favour of the governing bodies, but the department appealed in the Constitutional Court.

The department’s spokesperson Gershwin Chuenyane said: “The judgement upheld the HOD’s role to admit learners in public schools. We believe this decision is important in terms of ensuring that all Gauteng learners can have equal access to quality schooling. We intend to study the judgement and implement it in a fair manner.” – SAnews.gov.za