South Africa Case Law

BE obo JE v MEC for Social Development, Western Cape (CCT 234/20)

BE obo JE v MEC for Social Development, Western Cape (CCT 234/20) [2021] ZACC 23; 2021 (10) BCLR 1087 (CC); 2022 (1) SA 1 (CC) (27 August 2021)

Court

Constitutional Court

Case number

CCT 234/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that the Minister for Social Development, Western Cape, does not owe a private law duty to ensure the day-to-day safety of children at Early Childhood Development Centres and places of care. The regulatory framework, including the Child Care Act and its regulations, imposes oversight and registration duties but does not contemplate operational control or a duty to pay damages for injuries resulting from daily activities at such facilities. Imposing such liability would be unduly burdensome, create a chilling effect on the administration of thousands of centres na…

Source excerpt

• Wrongfulness
• Public Law Duty
• Child Care Facilities
• Section 28 Constitution
• Statutory Interpretation
• Regulatory Liability