Basic Education For All and Others v Minister of Basic Education and Others (23949/14) [2014] ZAGPPHC 251; 2014 (4) SA 274 (GP); [2014] 3 All SA 56 (GP); 2014 (9) BCLR 1039 (GP) (5 May 2014)

Basic Education For All and Others v Minister of Basic Education and Others (23949/14) [2014] ZAGPPHC 251; 2014 (4) SA 274 (GP); [2014] 3 All SA 56 (GP); 2014 (9) BCLR 1039 (GP) (5 May 2014)

The court held that the Department of Basic Education's failure to deliver all prescribed textbooks to every learner in Limpopo before the commencement of the academic year constituted a violation of the right to basic education under section 29(1)(a) of the Constitution, as well as the rights to equality and dignity. The right to basic education is immediately realisable and not subject to progressive realisation or budgetary constraints. The court found that the provision of textbooks is an essential component of basic education and that delivery to some learners but not others is insufficient. While the DBE had made efforts to remedy shortages and had provided substantial information...

Citation
[2014] ZAGPPHC 251
Parties
Applicant: Basic Education For All; Applicant: School Governing Bodies of 29 Schools in the Province of Limpopo; Respondent: Minister of Basic Education; Respondent: Director-General of Basic Education; Respondent: MEC, Dept of Education, Limpopo; Respondent: Acting HOD, Dept of Education, Limpopo; Respondent: Head of Intervention Team, Dept of Education, Limpopo; Respondent: South African Human Rights Commission
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 May 2014
Case Number
23949/14
Procedural Posture
Urgent Application / Final Judgment After Urgent Application and Argument
Outcome
Application granted in part; declaratory relief issued; orders for information provision made; costs awarded to applicants; supervisory and monitoring relief declined.
Judges
Tuchten
Legal Topics
Right to Basic Education, Supervisory Relief, Budgetary Constraints, Separation of Powers, Declaratory Order, Public Administration Principles
Constitutional Law Administrative Law Civil Procedure Right to Basic Education Supervisory Relief Budgetary Constraints Separation of Powers Declaratory Order +1 more

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Parties

Basic Education For All

Applicant

School Governing Bodies of 29 Schools in the Province of Limpopo

Applicant

Minister of Basic Education

Respondent

Director-General of Basic Education

Respondent

MEC, Dept of Education, Limpopo

Respondent

Acting HOD, Dept of Education, Limpopo

Respondent

Head of Intervention Team, Dept of Education, Limpopo

Respondent

South African Human Rights Commission

Respondent

Procedural Posture

Urgent Application / Final Judgment After Urgent Application and Argument

Legal Issues

  1. 1 Whether the failure by the Department of Basic Education to ensure complete delivery of textbooks to all schools in Limpopo violates learners' constitutional rights to basic education, equality, and dignity.
  2. 2 Whether budgetary constraints and failures by school principals justify the non-delivery of textbooks.
  3. 3 Whether the applicants are entitled to supervisory or structural relief, including court supervision of textbook delivery and reporting.

Ratio Decidendi

The court held that the Department of Basic Education's failure to deliver all prescribed textbooks to every learner in Limpopo before the commencement of the academic year constituted a violation of the right to basic education under section 29(1)(a) of the Constitution, as well as the rights to equality and dignity. The right to basic education is immediately realisable and not subject to progressive realisation or budgetary constraints. The court found that the provision of textbooks is an essential component of basic education and that delivery to some learners but not others is insufficient. While the DBE had made efforts to remedy shortages and had provided substantial information...

Court Disposition

Application granted in part; declaratory relief issued; orders for information provision made; costs awarded to applicants; supervisory and monitoring relief declined.

Orders

  • It is declared that the right to basic education in section 29(1)(a) of the Constitution includes the right of every learner at a public school in Limpopo to be provided with every prescribed textbook for their grade before teaching of the relevant curriculum commences.
  • It is declared that the non-delivery of prescribed textbooks to certain learners in Limpopo for the 2014 academic year before the commencement of teaching constituted a violation of their rights to basic education, equality, and dignity.