Christian Education South Africa v Minister of Education (CCT13/98)
Christian Education South Africa v Minister of Education (CCT13/98) [1998] ZACC 16; 1999 (2) SA 83; 1998 (12) BCLR 1449 (14 October 1998)
The Constitutional Court refused direct access, holding that the applicant failed to demonstrate exceptional circumstances justifying departure from ordinary procedures. The Court emphasized that direct access is reserved for extraordinary cases and that the High Courts and Supreme Court of Appeal have constitutional jurisdiction to determine the validity of legislation. The urgency claimed by the applicant was not substantiated, as the Act had been in force for eighteen months without evidence of irreparable harm or breakdown of discipline. The Court found that the exclusion of other courts…
Source excerpt
- Direct Access
- Constitutionality Of Legislation
- Corporal Punishment
- Freedom Of Religion
- Independent Schools
- Urgency And Public Interest