South Africa Case Law

School Governing Body of Sekgopo Primary School v Limpopo Department of Education and Others (6402/2022)

School Governing Body of Sekgopo Primary School v Limpopo Department of Education and Others (6402/2022) [2024] ZALMPPHC 38 (23 April 2024)

Court

Limpopo High Court, Polokwane

Case number

6402/2022

Judge

Ledwaba AJ

The court dismissed a review of a principal’s appointment, holding the department was not obliged to restart the process after one candidate was disqualified.

• Promotion Of Administrative Justice Act
• School Governance
• Appointment Of Educators
• Procedural Fairness
• School-governance
• Appointment-of-educators

Douglas High School v Head of the Department of Education, Northern Cape and Others

Douglas High School v Head of the Department of Education, Northern Cape and Others [2023] ZANCHC 5 (20 January 2023)

Court

Northern Cape High Court, Kimberley

Case number

1118/2019

Judges

Williams, Mofokeng

The High Court dismissed an application for condonation and leave to appeal, finding no reasonable prospects of success and confirming costs against the applicants.

• Employment Of Educators Act
• Jurisdictional Facts
• Review Of Administrative Action
• Appointment Of Educators
• Leave-to-appeal
• Condonation

Governing Body of Thuthukani Special School v MEC of the KwaZulu-Natal Department of Education and Others (2550/2021P)

Governing Body of Thuthukani Special School v MEC of the KwaZulu-Natal Department of Education and Others (2550/2021P) [2022] ZAKZPHC 44 (26 August 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2550/2021P

Judge

Bezuidenhout AJ

The court found that the respondents failed to comply with the statutory requirements of the Employment of Educators Act and Personnel Administration Measures in the placement and transfer of the fourth respondent. The governing body was not consulted, no recommendation was sought, and the placement letter did not specify that the transfer was temporary or for a stated period. The respondents' reliance on collective agreements and departmental circulars was misplaced, as these cannot override statutory provisions. The respondents also failed to follow due process in filling vacant educator po…

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• Review Of Administrative Action
• Appointment Of Educators
• School Governing Body Rights
• Employment Of Educators Act
• Personnel Administration Measures

Department of Education: Gauteng v Education Labour Relations Council and Others (JR496/17)

Department of Education: Gauteng v Education Labour Relations Council and Others (JR496/17) [2021] ZALCJHB 392 (19 October 2021)

Court

Labour Court Johannesburg

Case number

JR 496/17

Judge

Mahosi

Labour Court set aside an arbitration award concerning a deputy principal appointment, finding the arbitrator lacked jurisdiction to review the Department’s administrative decision.

• Unfair Labour Practice
• Appointment Of Educators
• Administrative Action
• Jurisdiction Of Arbitrator
• Promotion Dispute
• Unfair-labour-practice

Douglas High School and Another v Head of the Department of Education, NC and Others (1118/2019)

Douglas High School and Another v Head of the Department of Education, NC and Others (1118/2019) [2021] ZANCHC 18 (16 April 2021)

Court

Northern Cape High Court, Kimberley

Case number

1118/2019

Judges

Williams, Mofokeng

The application was dismissed on the preliminary point that the School Governing Body failed to properly recommend three candidates for the Departmental Head post as required by section 6(3)(c)(i) of the Employment of Educators Act. This failure constituted the absence of a jurisdictional fact, depriving the Head of Department of the authority to make an appointment. Even if the application were to be considered on the merits, the recommended candidate, Mr Waldeck, did not meet the minimum professional qualification requirements for the post, particularly lacking advanced knowledge of Physica…

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• Promotion Of Administrative Justice Act
• Employment Of Educators Act
• Appointment Of Educators
• Review Of Administrative Action
• Minimum Qualification Requirements

School Governing Body Paarlzicht Primary School v Member of the Executive Council for Education Western Cape and Others (14098/2019)

School Governing Body Paarlzicht Primary School v Member of the Executive Council for Education Western Cape and Others (14098/2019) [2021] ZAWCHC 23; [2021] 2 All SA 241 (WCC) (11 February 2021)

Court

Western Cape High Court, Cape Town

Case number

14098/2019

Judge

LekhULENI

The court found that the applicant failed to prove bias or a reasonable apprehension of bias in the appointment of Mr Duraan. Allegations against the second respondent and Mr Dalvey were unsupported by evidence and contradicted by contemporaneous correspondence. The second respondent considered all relevant factors, including qualifications, experience, and psychological assessments, and exercised his discretion reasonably and within the statutory framework. The delay in launching the review application was explained by ongoing correspondence and attempts to resolve the matter without litigat…

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• Promotion Of Administrative Justice Act
• Appointment Of Educators
• Judicial Review
• Unreasonable Delay
• Bias In Administrative Action
• School Governance

Mokhanda v Rammutla (27316/2011)

Mokhanda v Rammutla (27316/2011) [2018] ZAGPPHC 857 (19 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

27316/2011

Judge

RJA Moultrie

The court found that the plaintiff had an enforceable claim against the Mpumalanga Department of Education for appointment to the post of Head of Department. The statutory framework, specifically section 6(3) of the Employment of Educators Act, required the Head of Department to appoint the candidate recommended by the School Governing Body unless the recommended candidate was not 'in excess' or 'in addition' to the staff establishment and another candidate was. The evidence established that Ms Mokubyane, the successful candidate, had not been identified as 'in addition' or 'in excess', and t…

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• Professional Negligence
• Mandamus
• Appointment Of Educators
• Review Of Administrative Action
• Prescription Of Claims
• Employment Of Educators Act

Alpha Primary School and Another v Head of Department, Department of Education, Northern Cape and Others (1120/2017)

Alpha Primary School and Another v Head of Department, Department of Education, Northern Cape and Others (1120/2017) [2018] ZANCHC 10 (12 February 2018)

Court

Northern Cape High Court, Kimberley

Case number

1120/2017

Judges

Snyders, Williams

The High Court dismissed a PAJA review after finding the school governing body was not properly constituted and lacked locus standi to sue.

• Promotion Of Administrative Justice Act
• School Governing Body Composition
• Quorum Requirements
• Locus Standi
• Appointment Of Educators
• Administrative-law

Linkside and Others v Minister of Basic Education and Others (3844/2014)

Linkside and Others v Minister of Basic Education and Others (3844/2014) [2014] ZAECGHC 111 (17 December 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

3844/2014

Judge

J M Roberson

The court ordered the Eastern Cape education authorities to reimburse schools, regularize educator appointments, and follow transparent vacancy-filling procedures.

• State Liability
• Employment Of Educators Act
• Class Action Procedure
• Public Service Remuneration
• Appointment Of Educators
• State-liability-act

Aberdeen Senior Secondary School v MEC for Department of Education, Eastern Cape Province and Others (372/09)

Aberdeen Senior Secondary School v MEC for Department of Education, Eastern Cape Province and Others (372/09) [2010] ZAECBHC 16; (2011) 32 ILJ 871 (ECB) (28 October 2010)

Court

Eastern Cape High Court, Bhisho

Case number

372/09

Judge

Z M Nhlangulela

The court found that the applicant's claim was based on administrative action and not an unfair labour practice, thus the High Court had jurisdiction. The appointment process complied with sections 6 and 7 of the Employment of Educators Act and the Personal Administration Measures. The third respondent was a recommended candidate within the meaning of the Act, and the Head of Department was entitled to appoint him after declining the preferred candidate. The sifting process was properly conducted, and the decision was based on relevant considerations, including qualifications, experience, and…

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• Promotion Of Administrative Justice Act
• Appointment Of Educators
• School Governing Body Powers
• Contextual Reasonableness
• Employment Of Educators Act