Mpungose Traditional Council and Others v MEC for Education, KZN Province and Others (11279/2017P) [2019] ZAKZPHC 45; [2019] 3 All SA 817 (KZP) (17 July 2019)

Mpungose Traditional Council and Others v MEC for Education, KZN Province and Others (11279/2017P) [2019] ZAKZPHC 45; [2019] 3 All SA 817 (KZP) (17 July 2019)

The court found that the MEC's decision to withdraw the establishment of Khuba Secondary School was unlawful, irrational, and procedurally unfair. The Department made repeated, unequivocal promises to the community, which created a legitimate expectation and reliance. The withdrawal was based on flawed feasibility studies that evaluated the wrong site and lacked proper consultation. The Department failed to act in accordance with the constitutional right to basic education, and its conduct was legally and constitutionally unconscionable. The original decision to establish Khuba was final and could not be revoked without a formal review. The Department is obliged to implement the decision...

Citation
[2019] ZAKZPHC 45
Parties
Applicant: Mpungose Traditional Council; Applicant: Mpungose, Zakhe Davidson; Applicant: Nkungumathe NPO; Applicant: Khanyile, Jikile Princess; Applicant: Mchunu, Nombuso Hlushwayini; Applicant: Mchunu, Mzibeni Robert; Respondent: MEC for Education, KZN Province; Respondent: Head of the Education Department, KZN Province; Respondent: Khuba Secondary School; Respondent: Ithala Secondary School; Respondent: Velangaye Secondary School; Respondent: Mphathesitha Secondary School; Respondent: Minister of Basic Education
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
17 July 2019
Case Number
11279/2017P
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The MEC's decision to withdraw the establishment of Khuba Secondary School is reviewed and set aside. The Department is ordered to implement the original decision and remedy deficiencies at existing schools.
Judges
Vahed
Legal Topics
Right to Basic Education, Legitimate Expectation, Review of Administrative Action, Structural Interdict, Public Promise Enforcement, Procedural Fairness
Constitutional Law Administrative Law Civil Procedure Right to Basic Education Legitimate Expectation Review of Administrative Action Structural Interdict Public Promise Enforcement +1 more

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Parties

Mpungose Traditional Council

Applicant

Mpungose, Zakhe Davidson

Applicant

Nkungumathe NPO

Applicant

Khanyile, Jikile Princess

Applicant

Mchunu, Nombuso Hlushwayini

Applicant

Mchunu, Mzibeni Robert

Applicant

MEC for Education, KZN Province

Respondent

Head of the Education Department, KZN Province

Respondent

Khuba Secondary School

Respondent

Ithala Secondary School

Respondent

Velangaye Secondary School

Respondent

Mphathesitha Secondary School

Respondent

Minister of Basic Education

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the MEC's decision to withdraw the establishment of Khuba Secondary School was lawful and rational.
  2. 2 Whether the withdrawal breached the constitutional right to basic education under section 29(1)(a).
  3. 3 Whether the community had a legitimate expectation that the school would be built.

Ratio Decidendi

The court found that the MEC's decision to withdraw the establishment of Khuba Secondary School was unlawful, irrational, and procedurally unfair. The Department made repeated, unequivocal promises to the community, which created a legitimate expectation and reliance. The withdrawal was based on flawed feasibility studies that evaluated the wrong site and lacked proper consultation. The Department failed to act in accordance with the constitutional right to basic education, and its conduct was legally and constitutionally unconscionable. The original decision to establish Khuba was final and could not be revoked without a formal review. The Department is obliged to implement the decision...

Court Disposition

Application granted. The MEC's decision to withdraw the establishment of Khuba Secondary School is reviewed and set aside. The Department is ordered to implement the original decision and remedy deficiencies at existing schools.

Orders

  • The identities of minor children are to be kept confidential and not made public.
  • The delay in commencing the review is condoned.