Equal Education and Others v Minister of Basic Education and Others (22588/2020) [2020] ZAGPPHC 306; [2020] 4 All SA 102 (GP); 2021 (1) SA 198 (GP) (17 July 2020)

Equal Education and Others v Minister of Basic Education and Others (22588/2020) [2020] ZAGPPHC 306; [2020] 4 All SA 102 (GP); 2021 (1) SA 198 (GP) (17 July 2020)

The court found that the Minister and MECs have a constitutional and statutory duty to ensure the NSNP provides a daily meal to all qualifying learners, whether attending school or studying remotely due to the Covid-19 pandemic. The suspension or phased roll-out of the NSNP constituted a breach of learners' rights...

Source-derived case information.

Citation
[2020] ZAGPPHC 306
Parties
Applicant: Equal Education; Applicant: The School Governing Body of Vhulaudzi Secondary School; Applicant: The School Governing Body of Mashao High School; Respondent: Minister of Basic Education; Respondent: MEC Education, Eastern Cape; Respondent: MEC Education, Free State; Respondent: MEC Education, Gauteng; Respondent: MEC Education, KwaZulu-Natal; Respondent: MEC Education, Limpopo; Respondent: MEC Education, Mpumalanga; Respondent: MEC Education, Northern Cape; Respondent: MEC Education, North West; Respondent: MEC Education, Western Cape; Amicus Curiae: Children's Institute
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 July 2020
Case Number
22588/2020
Procedural Posture
Urgent Application / Final Judgment on Urgent Application
Outcome
Application granted. Declaratory relief and a supervisory interdict issued against the Minister and MECs to ensure immediate and comprehensive implementation of the NSNP for all qualifying learners.
Judges
S Potterill
Legal Topics
Right to Basic Education, Right to Basic Nutrition, Structural Interdict, Judicial Supervision, Covid 19 Emergency Measures, Declaratory Relief
Constitutional Law Administrative Law Civil Procedure Right to Basic Education Right to Basic Nutrition Structural Interdict Judicial Supervision Covid 19 Emergency Measures +1 more

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Parties

Equal Education

Applicant

The School Governing Body of Vhulaudzi Secondary School

Applicant

The School Governing Body of Mashao High School

Applicant

Minister of Basic Education

Respondent

MEC Education, Eastern Cape

Respondent

MEC Education, Free State

Respondent

MEC Education, Gauteng

Respondent

MEC Education, KwaZulu-Natal

Respondent

MEC Education, Limpopo

Respondent

MEC Education, Mpumalanga

Respondent

MEC Education, Northern Cape

Respondent

MEC Education, North West

Respondent

MEC Education, Western Cape

Respondent

Children's Institute

Amicus Curiae

Procedural Posture

Urgent Application / Final Judgment on Urgent Application

Legal Issues

  1. 1 Whether the Minister and MECs have a constitutional and statutory duty to ensure the National School Nutrition Programme (NSNP) provides a daily meal to all qualifying learners, regardless of school attendance during the Covid-19 pandemic.
  2. 2 Whether the suspension or phased roll-out of the NSNP infringes learners' rights to basic education and basic nutrition under the Constitution.
  3. 3 Whether a supervisory interdict is appropriate to ensure compliance with constitutional obligations.

Ratio Decidendi

The court found that the Minister and MECs have a constitutional and statutory duty to ensure the NSNP provides a daily meal to all qualifying learners, whether attending school or studying remotely due to the Covid-19 pandemic. The suspension or phased roll-out of the NSNP constituted a breach of learners' rights to basic education and basic nutrition under sections 29(1)(a) and 28(1)(c) of the Constitution. The evidence demonstrated that millions of learners were deprived of essential nutrition, with no adequate substitute provided. The respondents' defence was rejected as contrived and unsupported by the facts, and their undertakings to roll out the NSNP were not fulfilled. Given the...

Court Disposition

Application granted. Declaratory relief and a supervisory interdict issued against the Minister and MECs to ensure immediate and comprehensive implementation of the NSNP for all qualifying learners.

Orders

  • This application is dealt with as a matter of urgency and the forms and service provided for in Rule 6(5)(12) are dispensed with.
  • It is declared that all qualifying learners, regardless of whether or not they have resumed classes, are entitled to receive a daily meal under the NSNP.