MEC for Education, Gauteng v Fedsas (20420/2014) [2015] ZASCA 149 (16 October 2015) per Dambuza JJA [Mpati P, Navsa, Shongwe JJA and Van der Merwe AJA concurring]

The SCA allowed the appeal [see below]

SCA Summary: Education – public schools – powers of governing bodies to determine admissions policy and capacity of public schools not absolute – s 5(5) of the South African Schools Act 84 of 1996 must be read with other applicable law – education department exercises ultimate control – powers of the department to be exercised reasonably – parties must engage with each other in good faith – principle of co-operative governance paramount.

On appeal from: Gauteng Local Division of the High Court, Johannesburg (Janse van Nieuwenhuizen AJ, sitting as court of first instance):

The following order is made:

1 The late prosecution of the appeal is condoned;

2 The appellants are ordered to pay the respondent’s costs of the application for condonation;

3 The appeal is upheld with costs, such costs to include the costs of two counsel;

4 The order of the court below is set aside and is substituted with the following:

‘(a) Save to the very limited extent set out below, the application is dismissed with costs of two counsel.

(b) Regulation 2(2A) of the regulations published under the General Notice 1160 of 2012 is declared invalid and of no force and effect.