South Africa Case Law

MEC of education: Northern Cape HOD: Department of Education: NC v Seodin Primary School and Others (1177/2004)

MEC of education: Northern Cape HOD: Department of Education: NC v Seodin Primary School and Others (1177/2004) [2006] ZANCHC 11 (24 February 2006)

Court

Northern Cape High Court, Kimberley

Case number

1177/2004

Judges

Kgomo JP, Williams J, Goliath J

The court found that the applicants had amended their notice of motion and expressly waived their right to seek the original relief of setting aside the respondents' decisions. The application for leave to appeal against the interlocutory interdict was not competent before the full bench, as it should have been heard by the original judges who decided the interim interdict. The applicants failed to make out a prima facie case for an interlocutory interdict, and their application for leave to appeal was devoid of merit. The principle from Oudekraal Estates was applied, confirming that administ…

Source excerpt

• Judicial Review
• Functus Officio
• Interim Interdict
• Section 34 Constitution
• School Language Policy

Seodin Primary School and Others v MEC of Education Northern Cape and Others (1) (77/04/01)

Seodin Primary School and Others v MEC of Education Northern Cape and Others (1) (77/04/01) [2005] ZANCHC 5; 2006 (4) BCLR 542 (NC); (24 February 2005)

Court

Northern Cape High Court, Kimberley

Case number

1177/2004

Judges

Kgomo, Williams, Goliath

The Northern Cape High Court dismissed an application for leave to appeal, striking one interlocutory leave application from the roll and awarding costs against the applicants.

• Judicial Review Of Administrative Action
• School Language Policy
• Interim Interdict
• Amendment Of Notice Of Motion
• Costs Orders
• Section 34 Access To Court

Governing Body of Mikro Primary School and Another v Western Cape Minister of Education and Others (332/05)

Governing Body of Mikro Primary School and Another v Western Cape Minister of Education and Others (332/05) [2005] ZAWCHC 14; 2005 (3) SA 504 (C) [2005] 2 All SA 37 (C) (18 February 2005)

Court

Western Cape High Court, Cape Town

Case number

332/2005

Judge

Thring

The court held that the governing body of Mikro Primary School lawfully determined its Afrikaans-only language policy under section 6(2) of the Schools Act. The Head of Department’s directive to admit and teach learners in English, and the Minister’s subsequent support, were unlawful as they bypassed statutory procedures for altering school policy and failed to withdraw the governing body’s function as required by section 22. The governing body is not an organ of state within a sphere of government for purposes of intergovernmental dispute resolution under section 41 of the Constitution. Exce…

Source excerpt

• Promotion Of Administrative Justice Act
• School Language Policy
• Internal Remedies Exhaustion
• Best Interests Of Child
• Single Medium Vs Parallel Medium
• Review Of Administrative Action