South Africa Case Law

Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT39/95)

Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT39/95) [1996] ZACC 4; 1996 (4) BCLR 537; 1996 (3) SA 165 (4 April 1996)

Court

Constitutional Court

Case number

CCT39/95

Judges

Mahomed DP, Chaskalson P, Ackermann J, Didcott J, Kentridge J, Langa J, Madala J, Mokgoro J, O'Regan J, Krieger J, Sachs J

The Court held that section 32(c) of the Constitution does not create a positive obligation on the state to establish educational institutions based on common culture, language, or religion. Rather, it protects the freedom of individuals to establish such institutions, subject to practicability and the prohibition of racial discrimination. The impugned provisions of the Gauteng School Education Bill do not violate constitutional rights, as they do not prevent the establishment of private schools nor do they unlawfully restrict language or religious rights at public schools. The Bill does not…

Source excerpt

• Education Rights
• Language Rights
• Freedom Of Religion
• Non Discrimination
• Minority Protection
• School Admission Policy