The Constitutional Court upheld a direct appeal, set aside a strike-off for lack of urgency, and ordered repair of the applicants’ roof, with supervision by the High Court.
MEC: Department of Education North West Province and Another v FEDSAS (021/2016) [2016] ZASCA 192 (1 December 2016)
Court
Supreme Court of Appeal
Case number
021/2016
Judges
Maya, Wallis, Swain, Fourie, Dlodlo
The Supreme Court of Appeal held that the MEC for Education, North West Province, was empowered under section 27(1) of the North West Schools Education Act, read with the South African Schools Act and the Constitution, to promulgate regulations relating to the administration of public school hostels. The right to basic education is immediately realizable and includes access to hostels, which are essential for learners in rural and disadvantaged areas. The regulation-making power is broad and includes powers necessary or expedient to achieve the objectives of the Act, which encompass the best…
Essay N.O and Others v Member of the Executive Committee for Education For the Province of KwaZulu Natal (7155/2011) [2014] ZAKZDHC 59 (8 December 2014)
Court
Kwazulu-Natal High Court, Durban
Case number
7155/2011
Judge
Mbatha
High Court judgment awarding the Juma Musjid Trustees rental, holding-over damages, restoration costs, interest, and costs against the KwaZulu-Natal education MEC.