South Africa Case Law

EFL South Africa NPC trading as "Education South Africa" v Minister of Home Affairs and Others (Reasons) (7204/2021)

EFL South Africa NPC trading as "Education South Africa" v Minister of Home Affairs and Others (Reasons) (7204/2021) [2024] ZAWCHC 317 (20 September 2024)

Court

Western Cape High Court, Cape Town

Case number

7204/2021

Judge

Kusevitsky

The court found that the applicant and its members, as private colleges providing English as a foreign language tuition, are entitled to provisional registration with the Department of Higher Education and Training, provided they comply with the terms of their existing letters of provisional registration. The court held that, for the purposes of the Immigration Regulations, the applicant and its members qualify as 'learning institutions' so long as they remain registered. The court granted interim relief to ensure that study visa applications for prospective students of the applicant and its…

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• Immigration Regulations
• Study Visa Adjudication
• Registration Of Private Colleges
• Constitutional Right To Education
• Interim Relief
• Skills Development Act

R.A v Head of Department of Education, Northern Cape Province and Others (966/16)

R.A v Head of Department of Education, Northern Cape Province and Others (966/16) [2024] ZANCHC 85 (6 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

966/16

Judge

M J Ramaepadi

The High Court held that the State’s liability under section 60(1) of the Schools Act is statutory, so no apportionment with the bus operator could be made.

• Apportionment Of Damages Act
• Statutory Liability
• School Transportation
• Joint Wrongdoers
• Section 60 Schools Act
• Constitutional Right To Education

Kenjani and Others v Minister of Police (21234/11)

Kenjani and Others v Minister of Police (21234/11) [2023] ZAWCHC 65 (30 March 2023)

Court

Western Cape High Court, Cape Town

Case number

21234/11

Judge

Henney

The court held that the defendant is bound by the joint instructions given to the actuary, which were agreed upon by both parties and not repudiated in a timely manner. These instructions, including the use of a 2:1:1 apportionment ratio and a 5% contingency deduction for past losses, formed the basis for the actuarial report and quantum determination. The court found no evidence to justify a higher contingency deduction or deviation from the standard apportionment. Furthermore, the court ruled that bursaries provided by NSFAS are constitutional entitlements and do not amount to double compen…

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• Loss Of Support
• Quantum Of Damages
• Joint Expert Instructions
• Contingency Deductions
• Constitutional Right To Education
• Double Compensation

Member of the Executive Council, Department of Education, Eastern Cape Province and Another v Eduplanet (Pty) Ltd (189/17)

Member of the Executive Council, Department of Education, Eastern Cape Province and Another v Eduplanet (Pty) Ltd (189/17) [2017] ZAECGHC 9 (1 February 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

189/17

Judge

C Plasket

The High Court held that Eduplanet unlawfully ran an unregistered independent school, refused to suspend an interdict, and awarded attorney-and-client costs.

• Registration Of Independent Schools
• Interdict
• Unlawful Conduct
• Constitutional Right To Education
• Independent-school-registration
• Interdicts

Matshidiso and Others v President of the Republic of South Africa and Others (75657/2016)

Matshidiso and Others v President of the Republic of South Africa and Others (75657/2016) [2016] ZAGPPHC 902 (12 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

75657/2016

Judge

H.J Fabricius

The High Court held that the Minister’s fee statement was not binding administrative action and dismissed the urgent application seeking to stop a 2017 fee increase.

• Promotion Of Administrative Justice Act
• University Fee Increases
• Separation Of Powers
• Legitimate Expectation
• Interim Interdict
• Constitutional Right To Education

M S v Head of Department, Western Cape Education Department and Others (18775/2013)

M S v Head of Department, Western Cape Education Department and Others (18775/2013) [2016] ZAWCHC 119; [2016] 4 All SA 578 (WCC); 2017 (4) SA 465 (WCC) (15 September 2016)

Court

Western Cape High Court, Cape Town

Case number

18775/2013

Judge

Le Grange

The court found that the decision of the First Respondent dismissing the applicant's appeal was procedurally flawed due to an administrative error in notification, and thus should be reviewed and set aside. On the issue of parental liability, the court held that section 40(1) of SASA does not stipulate joint and several liability; accordingly, divorced or separated biological parents are jointly liable for school fees, not jointly and severally. The challenge to the constitutionality of Regulation 6(2) and the definition of 'combined annual gross income of parents' was rejected, as the regula…

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• School Fee Exemption
• Parental Liability
• Judicial Review
• Constitutional Right To Education
• Gender Equality
• Maintenance Obligations

Ed-u College (Port Elizabth) NPC v Transnet Limited and Another (135/13,212/13)

Ed-u College (Port Elizabth) NPC v Transnet Limited and Another (135/13,212/13) [2014] ZAECPEHC 96 (22 December 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

135/13,212/13

Judge

Revelas

The court found that the applicant's reliance on constitutional rights to education to justify continued occupation of the respondent's property was misconceived. The respondent had already accommodated the learners' interests through multiple settlement agreements and delayed evictions. The applicant failed to secure alternative premises despite knowing since December 2011 that its occupation was precarious and unlawful. There was no valid lease agreement in place, and the applicant's continued occupation was in breach of a court order. The urgency of the application was self-created, and gr…

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• Eviction
• Stay Of Execution
• Constitutional Right To Education
• Unlawful Occupation
• Settlement Agreement

MEC For Education: Mpumalanga Province v New Horizon Capital (Pty) Ltd and Another (76883/13)

MEC For Education: Mpumalanga Province v New Horizon Capital (Pty) Ltd and Another (76883/13) [2014] ZAGPPHC 223 (14 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

76883/13

Judge

BAM

The court found that a valid lease agreement existed between the applicant and the previous owner, Ecencico, and that the first respondent, as successor in title, was bound by this agreement under section 14 of the South African Schools Act and the common law principle 'huur gaat voor koop'. The respondent's argument regarding the lack of title deed endorsement was dismissed, as registration was not required by law. Although the applicant failed to pay the rental to the correct party, the respondent was not entitled to take the law into its own hands by denying access to the school and taking…

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• Lease Agreement Enforcement
• Huur Gaat Voor Koop
• Section 14 Schools Act
• Constitutional Right To Education
• Interdict
• Payment Of Rental

Immaculata Secondary School v Bvuma and Another (2012/25786)

Immaculata Secondary School v Bvuma and Another (2012/25786) [2012] ZAGPJHC 168 (24 August 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2012/25786

Judge

D S S Moshidi

The court found that the respondents breached their employment contracts by failing to provide adequate notice before resigning, which would result in significant prejudice to the applicant and the learners. The respondents freely entered into their contracts and were aware of the notice requirements. The court rejected the argument that enforcing the notice periods would constitute forced labour or an unjust restraint of trade, noting that the respondents would be paid their full salaries during the notice period and that no irretrievable breakdown in the employment relationship was shown. T…

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• Specific Performance
• Employment Contracts
• Notice Periods
• Best Interests Of Children
• Constitutional Right To Education

Van Niekerk NO and Anders v South Cape College (316/2008)

Van Niekerk NO and Anders v South Cape College (316/2008) [2008] ZAWCHC 128 (28 January 2008)

Court

Western Cape High Court, Cape Town

Case number

316/2008

Judge

Fourie R

The respondent's occupation of the premises is unlawful as the lease expired and no valid renewal option was exercised. The applicants have entered into a new lease with Africa Skills Village, which will continue the educational function for disadvantaged students. While the interests of the students are important and protected under the Constitution, the respondent's continued occupation unjustifiably infringes on the applicants' and new lessee's rights. The court finds no basis to delay eviction for further investigation by Eskom, as the trust deed amendment was properly executed and Eskom…

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• Eviction
• Lease Expiry
• Contractual Rights
• Constitutional Right To Education