Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT39/95) [1996] ZACC 4; 1996 (4) BCLR 537; 1996 (3) SA 165 (4 April 1996)

Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT39/95) [1996] ZACC 4; 1996 (4) BCLR 537; 1996 (3) SA 165 (4 April 1996)

The Court held that section 32(c) of the Constitution does not create a positive obligation on the state to establish educational institutions based on common culture, language, or religion. Rather, it protects the freedom of individuals to establish such institutions, subject to practicability and the prohibition...

Source-derived case information.

Citation
[1996] ZACC 4
Parties
Applicant: Gauteng Provincial Legislature; Applicant: South African Foundation for Education and Training; Respondent: Speaker of the Gauteng Provincial Legislature; Respondent: Gauteng Government; Applicant: N G D Maritz SC; Applicant: D N Unterhalter
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
4 April 1996
Case Number
CCT39/95
Procedural Posture
Constitutional Review / Final Judgment
Outcome
Application dismissed. The impugned sections of the Gauteng School Education Bill are declared not inconsistent with the Constitution.
Judges
Mahomed DP, Chaskalson P, Ackermann J, Didcott J, Kentridge J, Langa J, Madala J, Mokgoro J, O'Regan J, Krieger J, Sachs J
Legal Topics
Education Rights, Language Rights, Freedom of Religion, Non Discrimination, Minority Protection, School Admission Policy
Constitutional Law Family and Children Education Rights Language Rights Freedom of Religion Non Discrimination Minority Protection School Admission Policy

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Summary, issues, holding and outcome

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Parties

Gauteng Provincial Legislature

Applicant

South African Foundation for Education and Training

Applicant

Speaker of the Gauteng Provincial Legislature

Respondent

Gauteng Government

Respondent

N G D Maritz SC

Applicant

D N Unterhalter

Applicant

Procedural Posture

Constitutional Review / Final Judgment

Legal Issues

  1. 1 Does section 32(c) of the Constitution impose a positive obligation on the state to establish educational institutions based on common culture, language, or religion?
  2. 2 Are sections 19(1), 21(2), 21(3), and 22(3) of the Gauteng School Education Bill inconsistent with the Constitution?
  3. 3 Do the impugned provisions unlawfully alter the rights, powers, and functions of governing bodies of schools under section 247 of the Constitution?

Ratio Decidendi

The Court held that section 32(c) of the Constitution does not create a positive obligation on the state to establish educational institutions based on common culture, language, or religion. Rather, it protects the freedom of individuals to establish such institutions, subject to practicability and the prohibition of racial discrimination. The impugned provisions of the Gauteng School Education Bill do not violate constitutional rights, as they do not prevent the establishment of private schools nor do they unlawfully restrict language or religious rights at public schools. The Bill does not alter any pre-existing rights of governing bodies without bona fide negotiation, as required by...

Court Disposition

Application dismissed. The impugned sections of the Gauteng School Education Bill are declared not inconsistent with the Constitution.

Orders

  • It is declared that sections 19(1), 21(2), 21(3), and 22(3) of the School Education Bill of 1995 are not inconsistent with the Constitution on any of the grounds advanced.
  • No order as to costs.