South Africa Case Law

United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others

United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280; 005779/2023 (5 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

005779/2023

Judges

N Davis, C Collis, S Nyathi

The court found that loadshedding at public health establishments, schools, and police stations without sufficient alternative energy sources infringes constitutional rights to healthcare, education, and security. The State and its organs have breached both constitutional and statutory duties by failing to ensure uninterrupted electricity supply to these institutions. The applicants established a clear right and acts of interference, satisfying requirements for both interim and final interdicts. The court held that judicial intervention is justified and does not breach the separation of power…

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• Right To Healthcare
• Right To Education
• Right To Security
• Separation Of Powers
• Interdicts
• State Obligations

Moko v Acting Principal of Malusi Secondary School and Others (CCT 297/20)

Moko v Acting Principal of Malusi Secondary School and Others (CCT 297/20) [2020] ZACC 30; 2021 (3) SA 323 (CC); 2021 (4) BCLR 420 (CC); (2022) 43 ILJ 2269 (CC) (28 December 2020)

Court

Constitutional Court

Case number

CCT 297/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court found that the conduct of the first respondent, in refusing the applicant access to the Business Studies Paper 2 examination, violated his right to basic education under section 29(1)(a) of the Constitution. The Court held that basic education includes Grade 12 and the matric examinations, and that the acting principal, as an organ of state, had both a negative and positive obligation not to impair and to fulfil the applicant's right. The urgency of the matter was undeniable, as delay would have irreparably prejudiced the applicant's prospects for further education an…

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• Right To Education
• Section 29 Constitution
• Urgent Relief
• School Examinations
• State Obligations
• Costs In Constitutional Litigation

Nongoma Commonage Community and Another v Regional Land Claims Commissioner, KwaZulu-Natal and Others (LCC52/2016)

Nongoma Commonage Community and Another v Regional Land Claims Commissioner, KwaZulu-Natal and Others (LCC52/2016) [2017] ZALCC 2 (28 March 2017)

Court

Land Claims Court

Case number

LCC52/2016

Judge

Ncube AJ

The court found that the Applicants' restitution claim had been subject to an unreasonable and unlawful delay by the First Respondent, who failed to process and finalise the claim despite statutory and constitutional obligations. The Respondents' arguments regarding consolidation and the identity of the claimant were rejected based on documentary evidence and prior assurances. The Applicants are entitled to access all documents relating to their claim, the appointment of a valuer, and a report specifying steps and timeframes for finalisation. The Respondents' conduct warranted a costs order,…

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• Restitution Of Land Rights Act
• Administrative Delay
• Constitutional Right Of Access To Court
• State Obligations
• Costs Orders

Minister of Basic Education v Basic Education for All (20793/2014)

Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198; [2016] 1 All SA 369 (SCA); 2016 (4) SA 63 (SCA) (2 December 2015)

Court

Supreme Court of Appeal

Case number

20793/2014

Judges

Navsa, Lewis, Cachalia, Petse, Dambuza

The Supreme Court of Appeal held that the right to basic education under section 29(1)(a) of the Constitution is immediately realisable and includes the entitlement of every learner to receive a prescribed textbook for each subject before the commencement of the academic year. The Department of Basic Education had adopted a clear national policy to this effect and had implemented it in other provinces. The failure to deliver textbooks to all learners in Limpopo, particularly those from poor and rural communities, constituted a violation of their rights to basic education, equality, and dignit…

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• Right To Basic Education
• Equality And Non Discrimination
• State Obligations
• Separation Of Powers
• Public Administration
• School Textbook Delivery

Madzodzo and Others v Minister of Basic Education and Others (2144/2012)

Madzodzo and Others v Minister of Basic Education and Others (2144/2012) [2014] ZAECMHC 5; [2014] 2 All SA 339 (ECM); 2014 (3) SA 441 (ECM) (20 February 2014)

Court

Eastern Cape High Court, Mthatha

Case number

2144/2012

Judge

Goosen

The court found that the respondents' failure to provide adequate, age and grade appropriate furniture to public schools in the Eastern Cape constitutes a breach of learners' constitutional rights to basic education, equality, and dignity. The right to basic education is immediately realisable and not subject to progressive realisation or budgetary excuses. The respondents have repeatedly failed to comply with previous court orders, have not produced a comprehensive plan, and have not taken reasonable steps to address the crisis despite being aware of the problem for years. The court rejected…

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• Right To Basic Education
• Constitutional Compliance
• School Furniture Provision
• Supervisory Jurisdiction
• Children's Rights
• State Obligations

National Association of Welfare Organisations and Non-Governmental Organisaions and Others v MEC of Social Development, Free State and Others (1719/2010)

National Association of Welfare Organisations and Non-Governmental Organisaions and Others v MEC of Social Development, Free State and Others (1719/2010) [2010] ZAFSHC 73 (5 August 2010)

Court

Free State High Court, Bloemfontein

Case number

1719/2010

Judge

C.H.G. Van der Merwe

The court held that the Free State’s NPO funding policy was inconsistent with constitutional and statutory duties and ordered it revised, with reporting and interim payment relief.

• Social Welfare Funding
• Structural Interdict
• Children S Rights
• Older Persons Rights
• Reasonableness Review
• State Obligations