This means the department will now have the final say over government schools’ admissions processes.

JOHANNESBURG - The Constitutional Court has ruled in favour of the Gauteng Education Department in the Schools Admissions Policy Regulations case.

This means the department will now have the final say over government schools' admissions processes.

The Federation of School Governing Bodies challenged the current regulations, arguing that its removing power from schools, which should be able to set their own policies.

Deputy Chief Justice Dikgang Moseneke handed down judgment in the case this morning, saying every child has a right to basic education.

Moseneke says Judges unanimously agreed the admissions process should entirely be up to the department because they have an overall perspective of education in the province.

The Federation of School Governing Bodies (SGB) argued it has first-hand experience with pupils on the ground and should be allowed to oversee the entire process but the judges disagreed.

The Constitutional Court also found that policies set by SGB, such as language, may constitute indirect discrimination based on race.