Asiphephe Primary School v Head of Department: Department of Education KZN (D723/2023) [2024] ZALCD 51 (9 December 2024)
Court
Labour Court Durban
Case number
D723/2023
Judge
Allen-Yaman
The Labour Court dismissed a school’s review of the Department’s delay in appointing a principal, holding s158(1)(h) of the LRA was unavailable to the school and governing body.
Uid-Afrikaanse Onderwysers Unie and Another v MEC: Northern Cape Department of Education and Others (CA&R 04/2024 ; 834/2023) [2024] ZANCHC 113 (6 September 2024)
Court
Northern Cape High Court, Kimberley
Case number
CA&R 04/2024
Judges
MC Mamosebo, APS Nxumalo
The court found that the Head of Department's decision to transfer Mr Mpalala as principal of Petrusville Primary School was administrative action reviewable under PAJA. The decision was not authorised by the empowering provisions of the Employment of Educators Act and Personnel Administration Measures, as the School Governing Body's recommendation was not properly considered and the post was not advertised as required. The court rejected the respondents' preliminary points, holding that the MEC was correctly joined as nominal respondent under the State Liability Act, and that the High Court…
School Governing Body Dumelani Primary School v MEC for Education, Mpumalanga and Others (4527/23) [2023] ZAMPMBHC 62 (6 November 2023)
Court
Mbombela High Court, Mpumalanga
Case number
4527/23
Judge
GUMEDE
The High Court granted urgent interim relief restoring school governing body signatory control over a primary school bank account and restrained further freezing or removal.
Mgquba and Others v Principal, St John's College and Others (1347/2023) [2023] ZAECMHC 25 (9 May 2023)
Court
Eastern Cape High Court, Mthatha
Case number
1347/2023
Judge
JE Smith
The High Court dismissed an application to stop St John’s College from advertising and filling teaching posts, finding the applicants failed to prove locus standi.
The court found that the forensic audit report did not constitute administrative action as defined by PAJA, since no decision was taken against the applicant and the report merely made recommendations regarding the administration of school accounts. The applicant was afforded an opportunity to respond to the allegations via the 'audi letter', and no legal basis was established for the retraction or public apology sought. The amended notice of motion introduced a new cause of action not substantiated by the founding papers, and the requirements for a legality review were not met. The applicant…
School Governing Body of Grey College v Head of Department of Education Free State Province and Another (1816/2019) [2019] ZAFSHC 200 (19 September 2019)
Court
Free State High Court, Bloemfontein
Case number
1816/2019
Judges
Murray AJ, Chesiwe J
The court held that the Head of Department was empowered under s 22(3) of the Schools Act to withdraw the School Governing Body's financial and related functions in cases of urgency, provided reasons were given and an opportunity for representations was afforded afterwards. The SGB was explicitly invited to make representations and to appeal to the MEC, but failed to do so and instead rushed to court. The court found no evidence of unlawful or irrational conduct by the HOD, nor any real financial prejudice to the school. The SGB's use of school funds for its own litigation warranted investiga…
Khathu Primary School and Another v Head of the Department of Education, Northern Cape and Others ; Seodin Primary School and Another v Head of the Department of Education, Northern Cape and Others (308/2018, 561/2018) [2019] ZANCHC 50 (6 September 2019)
Court
Northern Cape High Court, Kimberley
Case number
308/2018 & 561/2018
Judges
Williams, Pakati
The court found that the Head of Department acted within the statutory and constitutional framework by declining the School Governing Bodies' recommendations for educator appointments. The refusal was based on the lack of compliance with requirements for equity, redress, and representivity, as mandated by the Employment of Educators Act and the Constitution. The court held that the shortlisting and interview procedures were flawed, including insufficient notice and potential bias, which undermined the fairness of the process. The court emphasized that it should not substitute its own decision…
Mdlankomo Junior Secondary School, Libode and Others v Member of Executive Council for Department of Education, Eastern Cape and Another (3743/2017) [2018] ZAECMHC 42 (7 August 2018)
Court
Eastern Cape High Court, Mthatha
Case number
3743/2017
Judge
Majiki
The High Court dismissed a review of the refusal to approve a school principal recommendation, finding key statutory and PAM requirements were not met.
Reynopark High School and Another v Member of the Executive Council: Department of Basiseducation Mpumalanga Province and Others (26424/12) [2014] ZAGPPHC 970 (12 December 2014)
Court
North Gauteng High Court, Pretoria
Case number
26424/12
Judge
Msimeki
The court found that the second respondent was not authorised to appoint the third and fourth respondents because the school governing body did not properly recommend them as required by section 6(3) of the Employment of Educators Act. The documentation showed that only Ms I L Ras and Mr J P Pistorius were recommended for the respective posts, and the statutory requirement of submitting a list of recommended candidates was not satisfied. Without the jurisdictional fact of recommendation, the Head of Department lacked discretion to appoint under section 6(3)(f). The appointments were therefore…
