South Africa Case Law

Tripartite Steering Committe and Another v Minister of Basic Education and Others (1830/2015)

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)

Court

Eastern Cape High Court, Grahamstown

Case number

1830/2015

Judge

C Plasket

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,…

Source excerpt

• Right To Basic Education
• Promotion Of Administrative Justice Act
• Mandamus
• Standing Under Bill Of Rights
• Review Of Administrative Action
• Education Policy

Minister of Education v Harris (CCT13/01)

Minister of Education v Harris (CCT13/01) [2001] ZACC 25; 2001 (4) SA 1297 (CC); 2001 (11) BCLR 1157 (CC) (5 October 2001)

Court

Constitutional Court

Case number

CCT13/01

Judges

Sachs, Chaskalson, Langa, Ackermann, Kriegler, Madala, Mokgoro, O'Regan, Yacoob, Du Plessis, Skweyiya

The Constitutional Court held that the Minister lacked power under the National Education Policy Act to issue a binding age-admission notice for independent schools.

• Ministerial Powers
• Legality Principle
• Ultra Vires
• Age Of Admission
• Education Policy
• Ultra-vires

Christian Education South Africa v Minister of Education (CCT4/00)

Christian Education South Africa v Minister of Education (CCT4/00) [2000] ZACC 11; 2000 (4) SA 757; 2000 (10) BCLR 1051 (18 August 2000)

Court

Constitutional Court

Case number

CCT4/00

Judges

Sachs, Chaskalson, Langa, Goldstone, Madala, Mokgoro, Ngcobo, O'Regan, Yacoob, Cameron

The Constitutional Court upheld a ban on corporal punishment in schools, holding that the limit on religious practice was reasonable and justifiable.

• Freedom Of Religion
• Children's Rights
• Corporal Punishment
• Bill Of Rights Limitation
• Education Policy
• Reasonable And Justifiable Limitation

Premier, Province of Mpumalanga and Another v Executive Committee of the Association of Governing Bodies of State Aided Schools: Eastern Transvaal (CCT10/98)

Premier, Province of Mpumalanga and Another v Executive Committee of the Association of Governing Bodies of State Aided Schools: Eastern Transvaal (CCT10/98) [1998] ZACC 20; 1999 (2) SA 91; 1999 (2) BCLR 151 (2 December 1998)

Court

Constitutional Court

Case number

CCT 10/98

Judges

O'Regan, Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, Sachs, Yacoob

Government bursary cuts for state-aided schools were held invalid because affected schools had a legitimate expectation of continued payment and no reasonable notice was given.

• Procedural Fairness
• Legitimate Expectation
• Section 24 Interim Constitution
• Education Policy
• Retrospective Administrative Action
• Procedural-fairness