A court case about an application to admit a five-year-old to Grade 1 at the St Helena Primary School in Welkom reach a conclusion in the Free State High Court today. The case had its origin in August last year when a parent applied for admission of his child to Grade 1. However, the child only turns six in November this year and was four years old at the time of the application in August 2015.

“The school’s admissions policy, which is based on guidelines of the education department and the stipulations of the Schools’ Act, clearly states that learners who turn seven in the Grade 1 year will be accommodated first,” says Dr Jaco Deacon, Deputy CEO of the Governing Body of South African Schools (FEDSAS). The governing body of St Helena Primary is a member of FEDSAS.

Deacon says St Helena’s admissions policy is in line with the Free State Education Department’s stipulation that preference should be given to children of compulsory school-going age in instances where capacity is a problem. “On this basis the parent’s application was not successful. However, the parent then allegedly appealed against this decision to the Free State Education Department although the governing body was never furnished with any documentation in this regard. The Free State Education Department simply instructed the school to admit the learner to the school from the third quarter of the current school year.”
In its judgement the High Court said the school governing body’s decision not to admit the child was correct. The court has also ordered the Free State Education Department to pay the legal fees.

Deacon says the Schools’ Act does make provision for the admission to Grade 1 of children that are younger than the compulsory school-going age but evidence must be provided that it will be in the best interest of the child. “However, preference must still be given to children of compulsory school-going age. In the case of St Helena Primary even children who were the correct age could not be accommodated for 2016 since the school has already reached full capacity.”

The school governing body acted strictly within the framework of the Schools’ Act. “What is worrying, though, is that the Department is prepared to force the school to admit a five-year-old child with less than half of the school year remaining. It is difficult to see how this could be in the best interest of this child. The interests of the child should always be the determining factor in any decision,” says Deacon.