Government policy on school admissions and school fees is guided by three basic principles:

• Equity: to make sure that goverment gives the same basic resources to all government schools
• Redress: to give more government resources to learners in historically disadvantaged communities so that they have more money for textbooks and stationery, and to build schools – especially no-fee schools – in areas where none exist, and to upgrade existing schools
• Access: to make sure no one is excluded from attending school on the basis of race or religion or because they cannot afford the cost of school fees.

In terms of Section 3(1) of the Schools Act, all learners between the ages of 7 and 15, or Grade 9, whichever comes first, must attend school. This section is often interpreted and implemented by provincial education departments (PEDs) to exclude learners who are 16 years and older (referred to as ‘over-aged’ learners). But it is the MEC’s duty to ensure that there are enough school places for all learners in their province and not just learners who are of compulsory school-going age. Parents or caregivers must ensure that they apply to schools so that these learners can be enrolled in a school and in a grade that is appropriate for their age. While the provincial HOD has a responsibility to place a learner in a grade that is appropriate for their age, this is not necessarily in a school of the parent’s choice. 

If a learner has to repeat a year, the government admissions policy states that they can do this for one year per school phase if necessary. However repeating a grade many times is not allowed.  

The government’s admission policy says that HODs must provide a clear process of registration for admission to public schools and must be responsible for the administration.   

Admission of learners with special education needs 

Provincial MECs have a duty to provide enough schools for all learners in the province including learners with special education needs, such as learners with disabilities. Section 4 of the Schools Act says the MEC must, where reasonably practical, provide education for learners with special needs and provide relevant educational support services to these learners. When a learner is registered at a public school, and they have a physical disability, the school has a legal duty to admit the learner, assess their support needs, and take relevant steps to support the learner.

No learner registering at a state school can be charged a registration fee or asked to pay fees in advance. No learner can be refused entry to a state school because their parents have not paid outstanding school fees.

The provincial department of education makes regulations guiding admissions. Here are some practical steps that can be taken if a school tells a learner that it is full:

• Ask the principal if the school has been officially declared full by the Education Department. Ask to see the letter which says the school is full. If there is no letter then the school must accept the learner. If the school refuses permission then contact the district office
• If the school does have a letter then the department must find a place for the learner in the nearest school to where they live.