South Africa Case Law

Federation of Governing Bodies for South African Schools (FEDSAS) v Member of the Executive Council for Education, Gauteng and Another (CCT 209/15)

Federation of Governing Bodies for South African Schools (FEDSAS) v Member of the Executive Council for Education, Gauteng and Another (CCT 209/15) [2016] ZACC 14; 2016 (4) SA 546 (CC); 2016 (8) BCLR 1050 (CC) (20 May 2016)

Court

Constitutional Court

Case number

CCT 209/15

Judges

Mogoeng, Moseneke, Bosielo, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Nkabinde, Zondo

The Constitutional Court held that the impugned regulations do not conflict with national legislation and are rational, reasonable, and justifiable. Provincial legislative competence in education allows for regulations that may differ from national law, provided they do not violate constitutional standards. The Court found that the regulations appropriately balance the powers of school governing bodies and provincial authorities, ensuring universal access to education and preventing unfair discrimination. The MEC is required to determine feeder zones for schools after consultation with stakeh…

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• Right To Basic Education
• School Admissions
• Provincial Vs National Legislation
• Cooperative Governance
• Unfair Discrimination
• Judicial Review

Member of the Executive Council for Education in the Northern Cape and Others v School Governing Body: Northern Cape and Others (Leave to Appeal) (1981/2015)

Member of the Executive Council for Education in the Northern Cape and Others v School Governing Body: Northern Cape and Others (Leave to Appeal) (1981/2015) [2016] ZANCHC 14 (12 February 2016)

Court

Northern Cape High Court, Kimberley

Case number

1981/2015

Judge

Olivier J

The High Court dismissed leave to appeal against interim orders admitting learners pending review, holding the orders were temporary and not appealable.

• Appealability Of Interim Orders
• School Admissions
• Interim Relief
• Review Of Administrative Action
• Appealability-of-interim-orders
• Interim-relief

Member of the Executive Council for Education, Gauteng and Another v Federation of Governing Bodies for South African Schools (20420/2014)

Member of the Executive Council for Education, Gauteng and Another v Federation of Governing Bodies for South African Schools (20420/2014) [2015] ZASCA 149; [2015] 4 All SA 591 (SCA) (16 October 2015)

Court

Supreme Court of Appeal

Case number

20420/2014

Judges

Mpati, Navsa, Shongwe, Dambuza, Van der Merwe

The Supreme Court of Appeal held that the Gauteng regulations on admission of learners to public schools do not conflict with national or provincial legislation and are not ultra vires the enabling legislation. The regulations are within the powers conferred by s 11(1) of the GSEA and do not unjustifiably encroach on the autonomy of school governing bodies. The department retains ultimate control over admissions and capacity, subject to reasonable and procedurally fair exercise of its powers and good faith engagement with governing bodies. Regulation 2(2A) was found to be vague and incomprehe…

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• School Admissions
• Delegated Legislation
• Cooperative Governance
• Ultra Vires
• Procedural Fairness
• Right To Education

Fedsas v Minister of the Executive Council, Department of Basic Education, Gauteng Province and Another (2015/18246)

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.

• School Admissions
• Governing Body Powers
• Administrative Action
• Interim Relief
• School-admissions
• Governing-body-powers

Federation of Governing Bodies for South African Schools v Member of the Execitive Council Department of Basic Education Gauteng Province and Another (43163/2012)

Federation of Governing Bodies for South African Schools v Member of the Execitive Council Department of Basic Education Gauteng Province and Another (43163/2012) [2013] ZAGPJHC 406 (22 August 2013)

Court

South Gauteng High Court, Johannesburg

Case number

43163/2012

Judge

N Janse van Nieuwenhuizen

The High Court reviewed Gauteng admission regulations for public schools, striking down several provisions as ultra vires and setting aside others for procedural and substantive defects.

• Ultra Vires
• School Admissions
• Delegation Of Powers
• Procedural Fairness
• Democratic Governance Of Schools
• School-admissions

Christians v Dale College Boys Primary School and Others (37/2012)

Christians v Dale College Boys Primary School and Others (37/2012) [2012] ZAECGHC 3; [2012] 2 All SA 224 (ECG) (31 January 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

37/2012

Judge

P.W. Tshiki

The court held that the applicant was required to exhaust internal remedies by appealing to the MEC for Education under section 5(9) of the South African Schools Act before approaching the court for judicial review. The provisions of section 7(2) of PAJA are peremptory, and the applicant did not apply for exemption from this requirement. The school provided adequate reasons for refusal (lack of accommodation), and there was no evidence of discrimination or failure to follow the admissions policy. The urgency claimed by the applicant was self-created, as the application was only brought two mo…

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• School Admissions
• Internal Remedies Exhaustion
• Right To Education
• Promotion Of Administrative Justice Act
• Judicial Review
• Urgent Interdict

Governing Body of the Rivonia Primary School and Another v Mec for Education: Gauteng Province and Others (11/08340)

Governing Body of the Rivonia Primary School and Another v Mec for Education: Gauteng Province and Others (11/08340) [2011] ZAGPJHC 182; [2012] 1 All SA 576 (GSJ); 2012 (5) BCLR 537 (GSJ) (7 December 2011)

Court

South Gauteng High Court, Johannesburg

Case number

11/08340

Judge

B H Mbha

The court held that school governing bodies do not have an unqualified power to set public-school capacity, and that Gauteng education authorities may intervene to secure access.

• School Admissions
• Right To Basic Education
• Equality Before Law
• Statutory Interpretation
• Delegation Of Powers
• Procedural Fairness