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South Africa Case Law

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Constitutional Law [2024] ZAECMHC 62

Concerned Parents of Learners at Atwell Madala Senior Secondary School and Others v Government of the Eastern Cape and Others (3969/2018)

Concerned Parents of Learners at Atwell Madala Senior Secondary School and Others v Government of the Eastern Cape and Others (3969/2018) [2024] ZAECMHC 62 (13 August 2024)

The court found that while the Department of Education had previously failed to provide adequate infrastructure and address overcrowding, it had since taken concrete steps to remedy these breaches, including the provision of temporary classrooms and the submission of a comprehensive list of affected schools. The applicants did not establish a factual basis for ongoing constitutional breaches in respect of schools beyond those directly involved in the application. The court held that it was not institutionally equipped to supervise the Department's implementation of its Infrastructure Delivery…

  • Right To Basic Education
  • School Infrastructure
  • Structural Interdict
  • Supervisory Jurisdiction
  • Separation Of Powers
  • Norms And Standards For Public School Infrastructure
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Constitutional Law [2018] ZAECBHC 6

Equal Education and Another v Minister of Basic Education and Others (276/2016)

Equal Education and Another v Minister of Basic Education and Others (276/2016) [2018] ZAECBHC 6; [2018] 3 All SA 705 (ECB); 2018 (9) BCLR 1130 (ECB); 2019 (1) SA 421 (ECB) (19 July 2018)

The Court held that regulation 4(5)(a) of the Regulations unlawfully limits the right to basic education by making the implementation of minimum norms and standards subject to the resources and cooperation of other government agencies. This qualification undermines the immediacy and enforceability of the right, renders government unaccountable, and is inconsistent with the Constitution, SASA, and the 2013 court order. The Minister failed to justify the limitation under section 36 of the Constitution and did not provide a rational basis for the prioritisation and exclusion mechanisms in the re…

  • Right To Basic Education
  • School Infrastructure
  • Judicial Review Of Regulations
  • Constitutional Accountability
  • Cooperative Governance
  • Limitation Of Rights
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