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South Africa Case Law

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Constitutional Law [2014] ZAGPPHC 251

Basic Education For All and Others v Minister of Basic Education and Others (23949/14)

Basic Education For All and Others v Minister of Basic Education and Others (23949/14) [2014] ZAGPPHC 251; 2014 (4) SA 274 (GP); [2014] 3 All SA 56 (GP); 2014 (9) BCLR 1039 (GP) (5 May 2014)

Court
North Gauteng High Court, Pretoria
Case number
23949/14
Judge
Tuchten

The court held that the Department of Basic Education's failure to deliver all prescribed textbooks to every learner in Limpopo before the commencement of the academic year constituted a violation of the right to basic education under section 29(1)(a) of the Constitution, as well as the rights to equality and dignity. The right to basic education is immediately realisable and not subject to progressive realisation or budgetary constraints. The court found that the provision of textbooks is an essential component of basic education and that delivery to some learners but not others is insuffici…

Source excerpt

  • Right To Basic Education
  • Supervisory Relief
  • Budgetary Constraints
  • Separation Of Powers
  • Declaratory Order
  • Public Administration Principles
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Constitutional Law [2011] ZACC 34

Pheko and Others v Ekurhuleni Metropolitan Municipality (CCT 19/11)

Pheko and Others v Ekurhuleni Metropolitan Municipality (CCT 19/11) [2011] ZACC 34; 2012 (2) SA 598 (CC); 2012 (4) BCLR 388 (CC) (6 December 2011)

Court
Constitutional Court
Case number
CCT 19/11
Judges
Nkabinde, Mogoeng, Moseneke, Froneman, Jafta, Khampepe, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court held that the Disaster Management Act does not authorise eviction or demolition of homes without a court order. Section 26(3) of the Constitution requires judicial oversight for any eviction or demolition, and the DMA only permits temporary evacuation for the preservation of life, not indefinite removal or destruction of homes. The Municipality's actions in forcibly removing the applicants and demolishing their homes without a court order were unlawful and violated their constitutional rights to housing and dignity. The High Court erred in its interpretation and faile…

Source excerpt

  • Eviction Without Court Order
  • Disaster Management Act
  • Section 26 Right To Housing
  • Section 10 Dignity
  • Municipal Obligations
  • Supervisory Relief
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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.