Tripartite Steering Committe and Another v Minister of Basic Education and Others (1830/2015) [2015] ZAECGHC 67; 2015 (5) SA 107 (ECG); [2015] 3 All SA 718 (ECG) (25 June 2015)

Tripartite Steering Committe and Another v Minister of Basic Education and Others (1830/2015) [2015] ZAECGHC 67; 2015 (5) SA 107 (ECG); [2015] 3 All SA 718 (ECG) (25 June 2015)

The court held that the right to basic education under section 29(1)(a) of the Constitution includes, in appropriate cases, a right to State-provided scholar transport for learners who cannot otherwise access schools. The refusal by the Eastern Cape Department of Education to provide scholar transport to learners from the three Mdantsane schools was arbitrary, as it was a blanket decision made without proper verification or consideration of individual circumstances. The decision was therefore invalid and set aside. The applications for scholar transport must be reconsidered by the department, applying the policy flexibly and taking into account all relevant factors. The department is...

Citation
[2015] ZAECGHC 67
Parties
Applicant: Tripartite Steering Committee; Applicant: The Governing Body Masivuyiswe Secondary School; Respondent: Minister of Basic Education; Respondent: Government of the Republic of South Africa; Respondent: MEC for Education: Eastern Cape; Respondent: MEC for Transport: Eastern Cape; Respondent: MEC for Provincial Planning and Finance: Eastern Cape; Respondent: Government of the Eastern Cape Province; Respondent: Acting Superintendent-General of the Eastern Cape Department of Education
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
25 June 2015
Case Number
1830/2015
Procedural Posture
Review Application / Judgment
Outcome
Application granted in part; orders issued for provision of scholar transport, review and remittal of decisions, reporting on policy progress, and costs awarded to applicants.
Judges
C Plasket
Legal Topics
Right to Basic Education, Promotion of Administrative Justice Act, Mandamus, Standing Under Bill of Rights, Review of Administrative Action, Education Policy
Constitutional Law Administrative Law Civil Procedure Right to Basic Education Promotion of Administrative Justice Act Mandamus Standing Under Bill of Rights Review of Administrative Action +1 more

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Parties

Tripartite Steering Committee

Applicant

The Governing Body Masivuyiswe Secondary School

Applicant

Minister of Basic Education

Respondent

Government of the Republic of South Africa

Respondent

MEC for Education: Eastern Cape

Respondent

MEC for Transport: Eastern Cape

Respondent

MEC for Provincial Planning and Finance: Eastern Cape

Respondent

Government of the Eastern Cape Province

Respondent

Acting Superintendent-General of the Eastern Cape Department of Education

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Does the right to basic education under section 29(1)(a) of the Constitution include a right to State-provided scholar transport for learners who cannot afford it?
  2. 2 Were the decisions by the Eastern Cape Department of Education to refuse or fail to provide scholar transport to certain learners lawful and valid?
  3. 3 Should mandatory relief be granted to compel the provision of scholar transport and the formulation of a new policy?

Ratio Decidendi

The court held that the right to basic education under section 29(1)(a) of the Constitution includes, in appropriate cases, a right to State-provided scholar transport for learners who cannot otherwise access schools. The refusal by the Eastern Cape Department of Education to provide scholar transport to learners from the three Mdantsane schools was arbitrary, as it was a blanket decision made without proper verification or consideration of individual circumstances. The decision was therefore invalid and set aside. The applications for scholar transport must be reconsidered by the department, applying the policy flexibly and taking into account all relevant factors. The department is...

Court Disposition

Application granted in part; orders issued for provision of scholar transport, review and remittal of decisions, reporting on policy progress, and costs awarded to applicants.

Orders

  • The respondents are directed to provide scholar transport, by 20 July 2015, to the scholars who attend Masivuyiswe Secondary School and whose names appear in annexures A1, A2 and A3 to the notice of motion.
  • The decision to refuse scholar transport to the scholars who attend SK Mahlangu Senior Secondary School, Sakhisizwe Senior Secondary School and Mizamo High School in Mdantsane and whose names are listed in annexures A1, A2 and A3 to the notice of motion is set aside.