South Africa Case Law

Cassim NO v MEC, Department of Social Development, Free State and Others (2477/2020)

Cassim NO v MEC, Department of Social Development, Free State and Others (2477/2020) [2020] ZAFSHC 128; 2021 (1) SA 184 (FB) (17 August 2020)

Court

Free State High Court, Bloemfontein

Case number

2477/2020

Judge

M A Mathebula

The court found that the minor child, a vulnerable individual with special needs, was unlawfully denied access to a suitable school and hostel due to conditional admission requirements imposed by the school and governing body. These conditions contravened statutory and constitutional principles, including the paramountcy of the child's best interests and the right to education. The SIAS policy mandates an integrated approach to supporting learners with barriers, and the respondents failed to provide cogent reasons for excluding the child pending rehabilitation. The urgency of the matter was e…

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• Child Care And Protection
• Best Interests Of Child
• Right To Education
• School Admission Policy
• Urgent Interdict
• Constitutional Rights

Governing Body of the Rivonia Primary School and Another v MEC for Education: Gauteng Province and Others (161/12)

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.

• School Admission Policy
• Governing Body Powers
• Provincial Education Authority
• Capacity Determination
• Bill Of Rights Limitation
• Judicial Review

Moodley v Kenmont School and Others (828/2010)

Moodley v Kenmont School and Others (828/2010) [2012] ZAKZDHC 23 (30 March 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

828/2010

Judge

Mbatha

The court reviewed and set aside the school’s decision not to re-admit a learner, finding the decision was taken in bad faith and for an ulterior purpose.

• School Admission Policy
• Ultra Vires
• Promotion Of Administrative Justice Act
• Disciplinary Procedure
• Compromise And Settlement
• Judicial Review

Member of the Executive Council, Eastern Cape Province and Others v Queenstown Girls High School (1041/07)

Member of the Executive Council, Eastern Cape Province and Others v Queenstown Girls High School (1041/07) [2007] ZAECHC 100 (21 November 2007)

Court

High Courts - Eastern Cape

Case number

1041/07

Judge

Froneman

The court held that the school’s conduct-based admission policy was lawful, but the refusal to admit Buhle Ndabambi was procedurally unfair.

• School Admission Policy
• Procedural Fairness
• Unfair Discrimination
• Promotion Of Administrative Justice Act
• Right To Basic Education
• Appeal Procedure

Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT39/95)

Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT39/95) [1996] ZACC 4; 1996 (4) BCLR 537; 1996 (3) SA 165 (4 April 1996)

Court

Constitutional Court

Case number

CCT39/95

Judges

Mahomed DP, Chaskalson P, Ackermann J, Didcott J, Kentridge J, Langa J, Madala J, Mokgoro J, O'Regan J, Krieger J, Sachs J

The Court held that section 32(c) of the Constitution does not create a positive obligation on the state to establish educational institutions based on common culture, language, or religion. Rather, it protects the freedom of individuals to establish such institutions, subject to practicability and the prohibition of racial discrimination. The impugned provisions of the Gauteng School Education Bill do not violate constitutional rights, as they do not prevent the establishment of private schools nor do they unlawfully restrict language or religious rights at public schools. The Bill does not…

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• Education Rights
• Language Rights
• Freedom Of Religion
• Non Discrimination
• Minority Protection
• School Admission Policy