There is no need for being selective in respecting the rulings of the ConCourt. The champions of Constitution must respect the ConCourt ruling whether it favours them or not.
The Federation of Governing Bodies of South Africa (Fedsas) appealed a court ruling in favour of the Gauteng Department of Education on amendments to the admissions regulations. The matter was heard in Constitutional Court.
They wanted the regulations withdrawn because they argued they caused a conflict between national and provincial legislation and they were neither reasonable nor justifiable in terms of the Gauteng School Education Act of 1995.
The Constitutional court ruled in favour of the Gauteng Education Department regarding the school admission regulations. In a unanimous judgment read by retiring Deputy Chief Justice, Dikgang Moseneke, the court ruled that there was no conflict between the provincial and national regulations.
Moseneke said: “This court holds that the regulations are rational, they are reasonable and justified. They are not at odds with section 55 of the Schools Act. The HOD’s power to determine learner enrollment capacity and to declare whether a school is full or not assists the MEC to ensure that the are enough school places for every child and that every such child is placed in a school to learn.”
Hope the far-right neoliberal pseudo-champions of the Constitution will celebrate the ruling and the pseudo-marxist anarchist fascist demagogues will desist from destroying public property i.e schools for our learners to access education.
As a nation we must not be selective in respecting ConCourt rulings.
Provincial Convenor of Progressive Professionals Forum-North West and Board Member of International Association of Public Participation-Southern Africa