summary

6. The Head of Department must determine the admission period and a process of registration for admission to ordinary public schools in order to enable the admission of learners to take place in a timely and efficient manner. The Head of Department and school governing bodies should encourage parents to apply for the admission of their children before the end of the preceding school year.

The Head of Department is responsible for the administration of the admission of learners to an ordinary public school. The Head of Department may delegate the responsibility for the admission of learners to the district Director.

7. The admission policy of an ordinary public school is determined by the governing body of the school in terms of section 5(5) of the South African
Schools Act, 1996. The admission policy of an ordinary public school must be consistent with the Constitution of the Republic of South Africa, 1996, the South African Schools Act, 1996, and applicable provincial law. The governing body of an ordinary public school must make a copy of the school’s admission policy available to the Head of Department for approval.

8. The Head of Department must co-ordinate the provision of ordinary public schools and the administration of the admission of learners to ordinary public schools with governing bodies to ensure that all eligible learners are suitably accommodated in terms of the South African Schools Act, 1996. Subject to this policy, it is particularly important that all eligible learners of compulsory school going age are accommodated in ordinary public schools. Therefore, where space is limited and learners of pre-school going age have also applied for admission to an ordinary public school, preference must be given to learners of compulsory school going age.

9. The admission policy of an ordinary public school and the administration of admissions by a provincial education department must not unfairly discriminate in any way against an applicant for admission including but not limited to race, gender, sex, marital status, ethnicity or social origin, colour, sexual orientation, age, disability, HIV status, religion, conscience, belief, culture, language, birth, immigration status or nationality or any other arbitrary ground. Furthermore, with regards to language-
(a) no learner may be refused admission to a public school based solely on
a language policy of that public school, and
(b) the power to determine the language policy of the school must be exercised with due regard to the values and in particular as enshrined in section 6 and 29(2) of the Constitution of the Republic of South Africa, 1996, taking into consideration of what is fair, reasonably practicable, equity and the need to redress the results of the past discriminatory laws and practices.

10. A learner must be admitted to the total school programme and may not be suspended from classes, denied access to cultural, sporting or social activities of the school, denied a school report or transfer certificates, or otherwise victimised on the grounds that his or her parent—
(a) is unable to pay or has not paid the required school fees;
(b) does not subscribe to the mission statement and code of conduct of the school; or
(c) has refused to enter into a contract in terms of which the parent waives any claim for damages arising out of the education of the learner.

11. The governing body of an ordinary public school may not administer any test relating to the admission of a learner to an ordinary public school, or direct or authorise the principal of the school or any person to administer such a test.
Where placement in a specific course or programme, e.g. technical field of study, dance or music, is required and where it would be in the educational interest of a learner, he or she may be requested by the governing body to undertake a suitable test to assist in a placement decision.

12. The name of a learner must be removed from a school’s admission register
when the learner—
(a) leaves the school after grade 12 or after completion of the highest grade offered or after completing the compulsory school attendance period, or is granted exemption from compulsory attendance according to section
4 of the South African Schools Act, 1996;
(b) applies for a transfer to another school and the transfer is effected;
(c) is expelled from school;
(d) is registered for home education;
(e) is continuously absent as contemplated in the Policy on Learner Attendance published in General Notice No. 361 in Government Gazette No.33150 of 4 May 2010;
(f) does not return to the school and the parent has notified the school that the learner would not return to the school; or
(g) is deceased.

13. If a learner of compulsory school going age is not enrolled or fails to attend school, the Head of Department may in terms of section 3(5) and (6) of the South African Schools Act, 1996, investigate the circumstances of the learner’s absence from school and take appropriate measures to remedy the situation.

14. A parent must complete an application form for admission, which should be
made available to him or her by the principal of the school. The school must
make the admission policy and the code of conduct for learners of the school
available to a parent at the written or oral request of such parent. The principal
must ensure that parents are given whatever assistance they may require to
complete the application form.
15. When a parent applies for admission of a learner to an ordinary public school,
the parent must present an official birth certificate (with an identity number) of
the learner or a written affirmation or sworn written statement (in the form of an
Affidavit) about the age of a learner to the principal of the school.
15.1. If the parent is unable to submit the birth certificate or has only submitted
a written affirmation or sworn written statement about the age of a
learner, the learner must be admitted.
15.2. The principal must advise the parents that section 31 of the Births and
Deaths Registration Act, 1992 (Act No. 51 of 1992) makes it an offence
to make a false statement or cause a false statement to be made about
the age of a child.
15.3. If the parent fails to submit the birth certificate of a learner, the principal
must admit the learner and refer the matter to the Head of Department
concerned. The Head of Department must hold the parents accountable
to acquire birth certificates for their children. The Head of Department
may liaise with the nearest office of the Department of Home Affairs for
assistance relating to the matter. It remains the primary responsibility of
parents to acquire birth certificates for their children.
15.4 In the case of abandoned or orphaned children, who are in Child and
Youth Care Centres, a court placement order would be required.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 10 Februarie 2021 No. 44139 9
7
(a) The care giver or social worker concerned for the abandoned or
orphaned learner, must endeavour to obtain required documents
mentioned in 15.1 above.
16. On application for admission, a parent must show proof that the learner has
been immunised against the following communicable diseases: polio, measles,
tuberculosis, diphtheria, tetanus and hepatitis B. If a parent is unable to show
proof of immunisation, the principal must immediately advise the parent in
writing to have the learner immunised as part of the free primary health care
programme. If the parent refuses or fails, within seven days from the date of the
written communication referred to above, to submit proof of immunisation, the
principal must not admit the learner to the school and must refer the matter to
the Head of Department for further direction. It is in the best interest of other
learners that a learner without proof of immunisation must not be allowed on
the school premises during the seven days’ period referred to above.
17. When a learner transfers from one ordinary public school to another, the
principal must complete a transfer card and hand it to the parent, or forward it
to the principal of the receiving school. The learner’s transfer card must be
attached to the application form for admission to the receiving school.
18. If the transfer card is not available the principal of the receiving school may
admit the learner and place the learner in a grade on the basis of the following
documentation:
(a) The last report card issued by the previous school; or
(b) A written affirmation or sworn written statement (in the form of an
Affidavit) of the parent stating the reason for not having the transfer card
and the grade the learner attended at the previous school.
19. If an application for admission of a learner is refused, the school must inform the
learner and parent in writing of such refusal, the reason therefor and the right to
lodge an appeal.

20. The South African Schools Act, 1996, and this policy apply equally to learners
who are not citizens of the Republic of South Africa. In terms of the applicable
legislation, non-South African citizens are categorised as either foreigners who
are in possession of a temporary residence visa, permanent residence permit
or any other special dispensation residence document issued by the
Department of Home Affairs in terms of the Immigration Act, 2002
(Act No. 13 of 2002), or as foreigners who are in possession of an asylum
seeker’s visa or refugee’s visa issued, respectively, in accordance with
sections 22 and 24 of the Refugees Act, 1998 (Act No. 130 of 1998). These
visas and permits are issued by the Department of Home Affairs.
(a) A foreign learner in possession of a permanent residence permit must
submit:
(i) a birth certificate issued by the relevant authority from his or her
country of origin;
(ii) where the learner was born in the Republic, such a learner must
submit a copy of a birth certificate issued by his or her country of
origin or a handwritten birth certificate issued by the Department of
Home Affairs in accordance with the Births and Deaths Registration
Act, 1992;
(iii) a copy of his or her permanent residence certificate; or
(iv) a copy of his or her identity document from his or her country of
origin, if he or she is 16 years and above, or a passport; and
(v) the documents contemplated in paragraphs 14, 16 to 18 of this
policy.
(b) A foreign learner in possession of a temporary residence visa must
submit:
(i) a birth certificate issued by the relevant authority from his or her
country of origin; or
(ii) where the learner was born in the Republic, such a learner must
submit a copy of a birth certificate issued by his or her country of
origin or a handwritten confirmation of birth issued by the
Admission of learners who are not South African citizens
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 10 Februarie 2021 No. 44139 11
9
Department of Home Affairs in accordance with the Births and
Deaths Registration Act, 1992; or
(iii) a copy of his or her identity document from his or her country of
origin, if he or she is 16 years and above, or a passport;
(iv) a copy of his or her study visa; and
(v) the documents contemplated in paragraphs 14, 16 to 18 of this
policy.
(c) A foreign learner in possession of an asylum seeker visa or refugee visa
must, together with the documents required for admission of a learner to
an ordinary public school referred to in paragraphs 14, 16 to 18 of this
policy, where such documents are available, submit:
(i) a copy of his or her birth certificate from his or her country of origin;
(ii) a copy of his or her asylum seeker visa issued in terms of section
22 of the Refugees Act, 1998;
(iii) a copy of his or her a refugee permit issued to him or her in terms
of section 24 of the Refugees Act, 1998; or
(iv) a copy of his or her identity document from his or her country of
origin, if he or she is 16 years and above or a passport.
21. If a parent of a foreign learner applies to an ordinary public school for the
admission of a learner and the name of the learner does not appear as a
dependant of the parent concerned on the above-mentioned documents
required for that particular learner, a school must admit the learner on the
basis of such documents. The same applies if it cannot easily be established
whether the parent is the legal guardian of the learner, or if it is not clear what
the parental relationship between the parent and the learner is. In such cases,
the parties concerned should be referred to the Department of Justice and
Correctional Services and the Department of Social Development to obtain
the required confirmatory documentation.
22. Where reasonable doubt exists regarding the authenticity of the submitted
information, it is imperative for schools to verify the authenticity of the
information submitted together with the applications for admission, with the
This gazette is also available free online at www.gpwonline.co.za
12 No. 44139 GOVERNMENT GAZETTE, 10 February 2021
10
Department of Home Affairs at its nearest office, while the learner concerned
receive education in a school.

23. The right to education extends to everyone within the boundaries of South
Africa, the nationality and immigration status is immaterial. All schools are
advised to admit learners and serve their education requirements irrespective
of whether the learner or parent of a learner does not produce documents listed
in paragraph 15, 17 to 20 of this policy.
24. The Head of Department must hold the parents of undocumented learners
accountable for acquiring birth certificates for their children. The Head of
Department may offer assistance to the parents of undocumented learners
which includes liaising with the nearest office of the Department of Home Affairs
to ensure undocumented learners admitted in schools are documented while
the learners receive education.

25. Public ordinary schools may admit learners with special education needs,
where this is reasonably practical. Schools are encouraged to make the
necessary arrangements, as far as practically possible, to make their facilities
accessible to such learners.
26. Where the necessary support, which would facilitate the integration of a learner
in a public school, cannot be provided, the principal of the school must refer the
application for admission to the Head of Department to have the learner
admitted to a suitable public school in that province or to a school in another
province.
27. Before the Head of Department refers a learner as contemplated in paragraph
26, the Head of Department must arrange for consultation with parents, educators and District Official. These consultations must form part of the
assessment of the learner before the learner is referred to another suitable
public school. This process should be handled as a matter of urgency to
facilitate the admission of a learner as soon as possible to ensure that the
learner is not prejudiced in receiving appropriate education.
28. Assessment and consultation relating to a change of placement must be carried
out by a team based at the school in consultation with parents, educators and
District Official. The Head of Department of the province concerned must
approve the placement.

29. The admission age of a learner to a public school to—
(i) Grade R is age four turning five by 30 June in the year of admission; and
(ii) Grade 1 is age five turning six by 30 June in the year of admission.
30. If a learner has been admitted to an ordinary public school at an age above the
age requirements provided in paragraph 29 such learner must, as far as
possible, be placed in a fast track facility, or with his or her peer group, unless
it is not in the educational interest of the learner. In the latter case, the learner
must be placed in a suitable lower grade, and an accelerated programme must
be worked out for the learner to enable him or her to catch up with the peer
group as soon as possible.
31. A learner who is 16 years of age or older and who has never attended school
and who is seeking admission for the first time or did not make sufficient
progress with his or her peer group, must be advised to enrol at an Adult
Education and Training (AET) centre.

32. In principle, learners should progress with their age cohort. Repetition of grades
seldom results in significant increases in learning attainment and frequently has the opposite result. The norm for repetition is one year per school phase, where
necessary. Multiple repetitions in one grade are not permissible.
33. The norm is not to be construed as promoting the practice of automatic
promotion. A learner’s needs must be attended to through the efforts of the
learner, and his or her teachers, with support from the learner’s family and
peers.

34. A Head of Department may, after consultation with the governing bodies,
determine feeder zones for ordinary public schools, in order to control the
learner numbers of schools and co-ordinate parental preferences. Such feeder
zones need not be geographically adjacent to the school or each other.
35. When considering the feeder zones, the Head of the Department must consider
all the relevant information, including but not limited to:
(a) the capacity of the school and schools in the area to accommodate learners;
(b) the language and curricula offered at the school and the schools in the
vicinity;
(c) information and projections regarding area population density, leaner
population density and learner enrolment; and
d) the need for geographical and spatial transformation.
36. Feeder zones should be reviewed from time to time as the circumstances
dictate.
37. The Head of the Department may exclude certain categories of schools, such
as Special Schools and Focus Schools from the feeder determination based on
the school’s circumstances.
38. If a feeder zone is created, the following principles must be applied:
(a) Preference must be given to a learner who lives in the feeder zone of a
school or has a sibling in the school or whose parent’s work address is
in the feeder of the school;
(b) A learner who lives outside the feeder zone is not precluded from
seeking admission at whichever school he or she chooses. However,
access to a chosen school cannot be guaranteed;
(c) A learner who lives within the feeder zone of school A must be referred
to the neighbouring school B if school A is oversubscribed. If school B is
oversubscribed, an alternative school within a reasonable distance must
be found by the Head of Department. If that is not possible, school A
must admit the learner; and
(d) Preference with regard to the order of admission is as follows:
(i) Learners whose parent lives in the feeder zone of the school;
(ii) Learners who have a sibling in the school in the year for which
admission is sought;
(ii) Learners whose parent’s work address is in the feeder area; or
(iii) Other learners: first come, first served.
39. A school with a specific field of study, e.g. a technical school, must have a much
larger feeder zone to accommodate learners with specific aptitudes, interests
or needs.

40. The principal of an ordinary public school must keep a register of admission. All
learners admitted to the school must be recorded in the register of admission.
The register of admission must contain the name, date of birth, age, identity
number (if available), passport number, visa or permit number, asylum seeker
visa number, refugee visa number (if applicable and available), and the address
of the learner as well as the names of the learner’s parents, their addresses
and telephone numbers, where applicable.
41. Entries in the register of admission must be verified against the birth certificate,
passport, asylum seeker visa, refugee visa, identity or any form of alternative
document listed in paragraph 15, 17-20 of the learner concerned.
42. Officials of the provincial education department must have access to the
register of admission.

43. The governing body of a school must inform all parents of learners admitted to
the school of their rights and obligations in terms of the South African Schools
Act, 1996, and in terms of any applicable provincial law. Parents must
specifically be informed about their rights and obligations with regard to the
governance and affairs of the school, including the process of deciding the
school budget, procedure for applying for exemption from payment of school
fees, appeal procedure for exemption from payment of school fees, any
decision of a parent meeting relating to school fees, and the Code of Conduct
for Learners.
44. Parents have an obligation to-
(a) support their children in their education; and
(b) to ensure that their children –
(i) attend school regularly; and
(ii) possess valid birth certificate, visa, permit or document referred in
paragraph 15, 17 -20, at all times.

Right of appeal
45. Any learner or parent of a learner who has been refused admission to a public school may appeal against the decision to the Member of the Executive Council in terms of section 5(9) of the South African Schools Act, 1996.