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Constitutional Law [2017] ZAGPJHC 9

Mahapa v Minister of Higher Education and Another (2017/01217)

Mahapa v Minister of Higher Education and Another (2017/01217) [2017] ZAGPJHC 9; [2017] 2 All SA 254 (GJ) (7 February 2017)

Section 29(1)(b) of the Constitution does not impose an immediate obligation on the state to provide funding for tertiary education. The right to further education is subject to progressive realisation through reasonable measures, unlike the right to basic education, which is immediately enforceable. The applicant's argument that the state must secure funds for his tertiary studies cannot stand, as the constitutional obligation is limited to making further education progressively available and accessible, not to guaranteeing individual funding. The application was dismissed as the relief soug…

  • Right To Education
  • Progressive Realisation
  • Constitutional Obligation
  • Section 29
  • State Funding
  • Urgency In Applications
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