Mpungose Traditional Council and Others v MEC for Education, KZN Province and Others (11279/2017P)
Mpungose Traditional Council and Others v MEC for Education, KZN Province and Others (11279/2017P) [2019] ZAKZPHC 45; [2019] 3 All SA 817 (KZP) (17 July 2019)
The court found that the MEC's decision to withdraw the establishment of Khuba Secondary School was unlawful, irrational, and procedurally unfair. The Department made repeated, unequivocal promises to the community, which created a legitimate expectation and reliance. The withdrawal was based on flawed feasibility studies that evaluated the wrong site and lacked proper consultation. The Department failed to act in accordance with the constitutional right to basic education, and its conduct was legally and constitutionally unconscionable. The original decision to establish Khuba was final and…
Source excerpt
- Right To Basic Education
- Legitimate Expectation
- Review Of Administrative Action
- Structural Interdict
- Public Promise Enforcement
- Procedural Fairness