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South Africa Case Law

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Constitutional Law [2021] ZACC 39

Mtolo and Another v Lombard and Others (CCT 269/21)

Mtolo and Another v Lombard and Others (CCT 269/21) [2021] ZACC 39; 2022 (9) BCLR 1148 (CC) (8 November 2021)

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.

  • Right To Housing
  • Urgent Application
  • Judicial Remedies
  • Eviction
  • Dignity
  • Basic Education Rights
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Constitutional Law [2016] ZASCA 192

MEC: Department of Education North West Province and Another v FEDSAS (021/2016)

MEC: Department of Education North West Province and Another v FEDSAS (021/2016) [2016] ZASCA 192 (1 December 2016)

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…

  • Regulation Making Powers
  • School Governance
  • Basic Education Rights
  • Hostel Administration
  • Bill Of Rights Limitation
  • Rationality Review
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Land And Property [2014] ZAKZDHC 59

Essay N.O and Others v Member of the Executive Committee for Education For the Province of KwaZulu Natal (7155/2011)

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)

High Court judgment awarding the Juma Musjid Trustees rental, holding-over damages, restoration costs, interest, and costs against the KwaZulu-Natal education MEC.

  • Use And Occupation
  • Damages For Holding Over
  • Section 14 Agreement
  • Basic Education Rights
  • Reasonable Rental
  • Eviction
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.