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Most recent Education Law Articles posted
barrier to some pupils gaining access to private schools, according to a Weekend Argus report. ‘We do not regulate fees of private education institutions.
AfriForum and Solidarity have approached the Constitutional Court to appeal against the SCA judgment giving the go-ahead for the University of the Free State to implement its English language policy, Volksblad reports. University spokesperson Lacea Loader said the university’s senior management and lawyers were attending to the filed application for leave to appeal.
Private schools are entitled to recover debt through the forced sale of homes owned by defaulting parents, the KZN High Court (Pietermaritzburg) ruled yesterday, says a News24 report. The application, before KZN Judge President Achmat Jappie, was brought by St Charles College in Pietermaritzburg against Henry and Gleryl Du Hecquet De Rauville. They had two sons at the school, who had both matriculated.
The University of the Free State (UFS) acted lawfully when it adopted a new language policy in March last year‚ the SCA held yesterday when it upheld an the university's appeal against a ruling of a full Bench of the Free State High Court in July last year. The lower court reviewed and set aside the decision by the university to adopt the new policy as unlawful. The policy replaced Afrikaans and English as parallel mediums of instruction with English as the primary medium.
Should private schools be legally entitled to attach the parents’ home to enforce payment of school fees? The Witness reports this question is under consideration in the KZN High Court (Pietermaritzburg) where Judge President Achmat Jappie has reserved judgment in a matter he described as having ‘very wide’ implications.
Multilingualism will be the main thrust of AfriForum's argument when the issue of the language policy at the University of the Free State (UFS) is argued in the SCA today, says a Volksblad report. The UFS is appealing an order by the full Bench of the Free State High Court that the new policy of English as the primary medium of instruction be set aside.
The Eastern Cape High Court (Grahamstown) yesterday effectively shut down Port Elizabeth independent school EduPlanet because it remains unregistered. A Daily Dispatch report says the provincial education department brought the urgent High Court interdict to stop EduPlanet from operating the unregistered independent school as a vital first step in its battle against unregistered schools.
The true intention of Stellenbosch University benefactor Jan Marais is at the centre of the pending court battle about the language policy of the instituion. Rapport reports that the applicant, Equal Opportunities, and council chairperson George Steyn offer different interpretations of Marais’ will in their court papers.
An interim interdict prohibiting rape protesters at Rhodes University from unlawful behaviour‚ including intimidating‚ kidnapping and assaulting others‚ was dismissed almost in its entirety yesterday, says a TimesLIVE report. The Eastern Cape High Court (Grahamstown) confirmed the interdict‚ in an abridged form‚ against only three named students‚ Sian Ferguson‚ Yolanda Dyantyi and Simamkele Heleni.
The Department of Education is in trouble with the law after its teachers ignored a Chapter Nine institution order to stop discriminating against pupils belonging to the Nazareth Baptist (Shembe) Church. The Mercury reports 13 schools in the province have been accused of forcing pupils who are members of the church to cut their hair. This after they had been warned that they were interfering with pupils’ right to practise their religion.
Five Rhodes University students spent most of their weekend behind bars after being arrested on charges ranging from assault to malicious damage to property after numerous incidents on the campus. A Daily Dispatch report says two of the students allegedly brawled with campus security guards early on Saturday morning, while a third allegedly later assaulted a woman police officer.
Parents were back in the Eastern Cape High Court (Grahamstown) on Friday demanding that Nelson Mandela Metropolitan University (NMMU) reopen its doors, discipline protesters, and get more security on campus. A Saturday Dispatch report says the Concerned Association of Parents and others representing Tertiary Education at Universities (Captu) want the court to order the university to reopen and resume all academic activities within 48 hours, to appoint additional security, to call in the police when necessary, and to take disciplinary steps against students acting unlawfully.
The Western Cape High Court yesterday granted an interim interdict to ensure that operations at UCT continue, says a News24 report. Vice-Chancellor Max Price said the institution would have preferred not to have pursued this route, but that the actions of some of the protesters left them ‘no other option’.
The appeal against an interdict that prevented five 'Shackville' protesters from entering the University of Cape Town (UCT) property has been dismissed but the conditions of the interdict have been altered so that the five are now allowed on to campus, according to a GroundUp report. The five, Alex Hotz, Masixole Mlandu, Chumani Maxwele, Slovo Magida and Zola Shokane, who took the matter to the SCA, are now only interdicted and restrained from erecting any unauthorised structures on UCT’s premises, destroying, damaging or defacing any of UCT’s premises, and participating in, or inciting others to participate in, unlawful conduct or protest at UCT.
North-West University (NWU) has obtained a final order interdicting students at its Vaal campus from embarking on disruptive protests, says a TimesLIVE report. It had obtained a temporary interdict at the Gauteng High Court (Pretoria) on 22 September‚ a day after students protested for free education. Judge DS Fourie made the order final yesterday‚ as the 14 cited members of the student representative council (SRC) did not file papers opposing management's application.
A group of parents and students is planning to take legal action against the Nelson Mandela Metropolitan University (NMMU) if it does not allow students to complete their 2016 academic year. According to a News24 report, the Concerned Association of Parents and Others for Tertiary Education at Universities was formed at a special meeting at the German Club in Port Elizabeth mid-week.
Unisa‚ the latest higher education institution to be hit by disruptions‚ has obtained a court order barring protesting students from disrupting academic activities, notes a TimesLIVE report. Spokesperson Martin Ramotshela said the order restraining protesters from calling‚ supporting‚ encouraging or inciting unlawful behaviour‚ violence‚ the causing of damage to property and from intimidating‚ threatening or harming any employees‚ students‚ service providers or visitors present on Unisa campuses or premises including examination centres.
If one happens to be a student protester with some access to legal representation, one enjoys immense protection against potential authoritarian abuse by the state because of the Constitution, says Pierre de Vos. In an analysis on his Constitutionally Speaking blog, he points out that Section 17 of the Bill of Rights states that ‘everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions’.
A City Press report points out that while unrest is brewing again on the countryâ€™s campuses over tuition fees, Minister in the Presidency Jeff Radebe was vague about the way forward when briefing the media yesterday after last weekâ€™s extended Cabinet lekgotla. City Press reported on Sunday that President Jacob Zuma had instructed Higher Education Minister Blade Nzimande and Finance Minister Pravin Gordhan to find the money to accommodate a second consecutive 0% student fee increase this year.
With more conflict over university fees on the horizon, Rapport says not a single student has been successfully prosecuted for the damages of more than R460m caused to universities in the first round of #FeesMustFall protests. Although a handful of universities started disciplinary proceedings, no criminal prosecution is under way for arsonists and no prosecutions for other crimes such as malicious damage to property have been concluded.