Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mgquba and Others v Principal, St John's College and Others (1347/2023) [2023] ZAECMHC 25 (9 May 2023)
The High Court dismissed an application to stop St John’s College from advertising and filling teaching posts, finding the applicants failed to prove locus standi.
Khathu Primary School and Another v Head of the Department of Education, Northern Cape and Others ; Seodin Primary School and Another v Head of the Department of Education, Northern Cape and Others (308/2018, 561/2018) [2019] ZANCHC 50 (6 September 2019)
The court found that the Head of Department acted within the statutory and constitutional framework by declining the School Governing Bodies' recommendations for educator appointments. The refusal was based on the lack of compliance with requirements for equity, redress, and representivity, as mandated by the Employment of Educators Act and the Constitution. The court held that the shortlisting and interview procedures were flawed, including insufficient notice and potential bias, which undermined the fairness of the process. The court emphasized that it should not substitute its own decision…
Source excerpt
Mdlankomo Junior Secondary School, Libode and Others v Member of Executive Council for Department of Education, Eastern Cape and Another (3743/2017) [2018] ZAECMHC 42 (7 August 2018)
The High Court dismissed a review of the refusal to approve a school principal recommendation, finding key statutory and PAM requirements were not met.
Federasie van Beheerliggame van Suid-Afrikaanse Skole: Vrystaat en ' Ander v Departementshoof : Departement van Onderwys Vrystaat (2064/2004) [2004] ZAFSHC 39; [2004] 3 All SA 339 (O) (20 May 2004)
The court held that section 6A of the Employment of Educators Act creates a separate appointment procedure for first appointments and breaks in service, so the application failed.
Hoerskool Namakwaland and Another v Lid van die Uitvoerende Raad vir Onderwys, Opleiding, Kuns en Kultuur in die Noord-Kaapse Provinisiale Regering en 'n Ander (1241/2001) [2002] ZANCHC 34 (15 November 2002)
The court found that the governing body complied with all statutory procedures in making its recommendations for educator appointments, and that the Department’s refusal was based on procedural errors attributable to the Department itself, particularly incorrect advertisement of posts. The court held that the governing body did consider democratic values and affirmative action, as evidenced by meeting minutes and the advice of departmental officials to prioritise curriculum needs. The court was not convinced that there were qualified non-white candidates who could meet the school’s curriculum…
Source excerpt
Explore more
