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South Africa Case Law

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Constitutional Law [2015] ZAECGHC 67

Tripartite Steering Committe and Another v Minister of Basic Education and Others (1830/2015)

Tripartite Steering Committe and Another v Minister of Basic Education and Others (1830/2015) [2015] ZAECGHC 67; 2015 (5) SA 107 (ECG); [2015] 3 All SA 718 (ECG) (25 June 2015)

Court
Eastern Cape High Court, Grahamstown
Case number
1830/2015
Judge
C Plasket

The court held that the right to basic education under section 29(1)(a) of the Constitution includes, in appropriate cases, a right to State-provided scholar transport for learners who cannot otherwise access schools. The refusal by the Eastern Cape Department of Education to provide scholar transport to learners from the three Mdantsane schools was arbitrary, as it was a blanket decision made without proper verification or consideration of individual circumstances. The decision was therefore invalid and set aside. The applications for scholar transport must be reconsidered by the department,…

Source excerpt

  • Right To Basic Education
  • Promotion Of Administrative Justice Act
  • Mandamus
  • Standing Under Bill Of Rights
  • Review Of Administrative Action
  • Education Policy
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Constitutional Law [2001] ZASCA 85

Permanent Secretary Department of Welfare, Eastern Cape Provincial Government and Another v Ngxuza and Others (493/2000)

Permanent Secretary Department of Welfare, Eastern Cape Provincial Government and Another v Ngxuza and Others (493/2000) [2001] ZASCA 85; 2001 (4) SA 1184 (SCA); 2001 (10) BCLR 1039 (A) (31 August 2001)

Court
Supreme Court of Appeal
Case number
493/2000
Judges
Hefer, Harms, Streicher, Cameron, Mpati

The Supreme Court of Appeal held that the requirements for a class action under section 38(c) of the Constitution were met. The class was adequately defined as those whose disability grants were unlawfully terminated by the Eastern Cape government between specified dates. The inclusion of class members outside the jurisdiction of the forum court did not impede the progress of the action, as the Constitution mandates practical and expansive interpretation of standing and jurisdiction to ensure access to justice. The disclosure order was a necessary adjunct to the class action, enabling identif…

Source excerpt

  • Class Action
  • Standing Under Bill Of Rights
  • Social Assistance Act
  • Jurisdiction
  • Procedural Fairness
  • Public Interest Litigation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.