South Africa Case Law

School Governing Body of Sekgopo Primary School v Limpopo Department of Education and Others (6402/2022)

School Governing Body of Sekgopo Primary School v Limpopo Department of Education and Others (6402/2022) [2024] ZALMPPHC 38 (23 April 2024)

Court

Limpopo High Court, Polokwane

Case number

6402/2022

Judge

Ledwaba AJ

The court dismissed a review of a principal’s appointment, holding the department was not obliged to restart the process after one candidate was disqualified.

• Promotion Of Administrative Justice Act
• School Governance
• Appointment Of Educators
• Procedural Fairness
• School-governance
• Appointment-of-educators

School Governing Body of Pula-Madibogo Primary School and Another v Head of Department of Education, Limpopo and Others (8941/2023)

School Governing Body of Pula-Madibogo Primary School and Another v Head of Department of Education, Limpopo and Others (8941/2023) [2023] ZALMPPHC 98 (19 October 2023)

Court

Limpopo High Court, Polokwane

Case number

8941/2023

Judge

Bresler

The High Court reviewed and set aside decisions blocking a school’s recommended appointment to a vacant post, finding the refusal unlawful and urgent.

• Promotion Of Administrative Justice Act
• Review Of Administrative Action
• School Governance
• Right To Basic Education
• Staff Establishment
• Urgent Interdict

Buthelezi v MEC Department of Education KZN and Others (DA10/2022)

Buthelezi v MEC Department of Education KZN and Others (DA10/2022) [2023] ZALAC 25; (2023) 44 ILJ 1891 (LAC) (23 May 2023)

Court

Labour Appeal Court

Case number

DA10/2022

Judges

Waglay JP, Musi JA, Gqamana AJA

The Labour Appeal Court dismissed an appeal against dismissal, holding that the principal was responsible for aspects of school financial management and breached departmental rules.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• School Governance
• Misconduct
• Breakdown Of Trust

School Governing Body of Tidima Secondary School v Head of Department of Education, Limpopo and Others (6945/2020)

School Governing Body of Tidima Secondary School v Head of Department of Education, Limpopo and Others (6945/2020) [2022] ZALMPPHC 48 (6 September 2022)

Court

Limpopo High Court, Polokwane

Case number

6945/2020

Judge

Naudè-Odendaal

Review of a decision to re-advertise a school principal post succeeded; the High Court set it aside and remitted the matter for reconsideration under the Employment of Educators Act.

• Promotion Of Administrative Justice Act
• Employment Of Educators Act
• Procedural Fairness
• Judicial Review
• School Governance
• Administrative-law

School Governing Body Paarlzicht Primary School v Member of the Executive Council for Education Western Cape and Others (14098/2019)

School Governing Body Paarlzicht Primary School v Member of the Executive Council for Education Western Cape and Others (14098/2019) [2021] ZAWCHC 23; [2021] 2 All SA 241 (WCC) (11 February 2021)

Court

Western Cape High Court, Cape Town

Case number

14098/2019

Judge

LekhULENI

The court found that the applicant failed to prove bias or a reasonable apprehension of bias in the appointment of Mr Duraan. Allegations against the second respondent and Mr Dalvey were unsupported by evidence and contradicted by contemporaneous correspondence. The second respondent considered all relevant factors, including qualifications, experience, and psychological assessments, and exercised his discretion reasonably and within the statutory framework. The delay in launching the review application was explained by ongoing correspondence and attempts to resolve the matter without litigat…

Source excerpt

• Promotion Of Administrative Justice Act
• Appointment Of Educators
• Judicial Review
• Unreasonable Delay
• Bias In Administrative Action
• School Governance

Moodley v Kenmont School and Others (CCT281/18)

Moodley v Kenmont School and Others (CCT281/18) [2019] ZACC 37; 2020 (1) SA 410 (CC); 2020 (1) BCLR 74 (CC) (9 October 2019)

Court

Constitutional Court

Case number

CCT 281/18

Judges

Mogoeng, Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

Section 58A(4) of the Schools Act, which prohibits the attachment of public school assets, does limit the rights to equality and dignity. However, this limitation is justified under section 36(1) of the Constitution because it serves the crucial purpose of protecting the right to basic education and the best interests of children. Attachment of school assets would undermine the ability of schools, especially those serving disadvantaged communities, to provide education. The limitation is well-tailored to its purpose and no less restrictive means exist. The costs orders against Kenmont School…

Source excerpt

• Constitutional Invalidity
• Right To Basic Education
• Best Interests Of Child
• Costs Orders
• State Liability
• School Governance

Pashut v Klopper (A391/2018)

Pashut v Klopper (A391/2018) [2019] ZAGPPHC 552 (19 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

A391/2018

Judges

FMM Snyman, LM Molopa

The High Court upheld an appeal against a harassment order, finding the founding affidavit in the ex parte application failed to disclose material facts.

• Ex Parte Applications
• Material Non Disclosure
• Protection From Harassment Act
• Conflict Of Interest
• School Governance
• Costs Orders

School Governing Body, Grey College v The Head of Department, Department of Education, Free State Province and Another (1816/2019)

School Governing Body, Grey College v The Head of Department, Department of Education, Free State Province and Another (1816/2019) [2019] ZAFSHC 54 (2 May 2019)

Court

Free State High Court, Bloemfontein

Case number

1816/2019

Judge

C Reinders

The court removed an urgent application from the roll with costs, finding Grey College’s governing body had not shown sufficient urgency for immediate hearing.

• Urgency In Motion Proceedings
• Review Of Administrative Action
• School Governance
• Condonation Of Time Limits
• Urgency-in-motion-proceedings
• School-governance

Phungula and Others v Institute Status Acres Combined School (NPO) and Others (8104/19)

Phungula and Others v Institute Status Acres Combined School (NPO) and Others (8104/19) [2019] ZAGPJHC 88 (15 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

8104/19

Judge

Ameer

The High Court granted urgent interim relief appointing an independent administrator over a school's assets and finances amid alleged mismanagement and irregular withdrawals.

• Interim Relief
• Appointment Of Administrator
• Mismanagement Of Funds
• School Governance
• Urgent Interdict
• Interim-relief

School Governing Body Grey College, Bloemfontein v Scheepers and Others (South African Teachers Union Intervening) (2612/2018)

School Governing Body Grey College, Bloemfontein v Scheepers and Others (South African Teachers Union Intervening) (2612/2018) [2019] ZAFSHC 25 (17 January 2019)

Court

Free State High Court, Bloemfontein

Case number

2612/2018

Judges

Musi, Van Zyl

The High Court dismissed an application for leave to appeal over a school governing body dispute about a principal’s powers, PAJA, standing, and costs.

• School Governance
• Delegation Of Powers
• Promotion Of Administrative Justice Act
• Standing Of Unions
• Costs Orders
• Natural Justice