Fedsas v Minister of the Executive Council, Department of Basic Education, Gauteng Province and Another (2015/18246) [2015] ZAGPJHC 85 (26 May 2015)
Court
South Gauteng High Court, Johannesburg
Case number
2015/18246
Judge
Wright
The court granted interim relief in a school-admissions dispute, holding that schools may prepare and submit waiting lists and that their policies must be considered.
Governing Body of the Rivonia Primary School and Another v MEC for Education: Gauteng Province and Others (161/12) [2012] ZASCA 194; 2013 (1) SA 632 (SCA); [2013] 1 All SA 633 (SCA) (30 November 2012)
Court
Supreme Court of Appeal
Case number
161/12
Judges
Nugent, Cachalia, Shongwe, Wallis, Saldulker
The SCA held that a public school governing body may determine admission capacity as part of its policy, and provincial officials could not override that decision unlawfully.
Minister of Education (Western Cape) v Mikro Primary School Governing Body (140/2005) [2005] ZASCA 66; [2005] 3 All SA 436 (SCA); 2006 (1) SA 1 (SCA); 2005 (10) BCLR 973 (SCA) (27 June 2005)
Court
Supreme Court of Appeal
Case number
140/2005
Judges
Streicher, Cameron, Brand, Lewis, Mlambo
The Supreme Court of Appeal held that the governing body of Mikro Primary School had the statutory authority to determine the school's language policy, and that neither the Department of Education nor the Head of Department had the power to override this policy except through the procedures set out in the South African Schools Act. The constitutional right to education in an official language of choice does not entitle learners to receive such education at any public school, but rather obliges the State to provide reasonable educational alternatives. The Department's directive to admit Englis…
