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Education Law

Minister has no powers on private school fees

By Juta and Company (Pty) Ltd Published on Monday, 15 May 2017
Education Law Litigation
barrier to some pupils gaining access to private schools, according to a Weekend Argus report. ‘We do not regulate fees of private education institutions.

University language policy ruling heads to ConCourt

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 can sell homes to recover debt – ruling

By Juta and Company (Pty) Ltd Published on Thursday, 13 April 2017
Education Law Litigation
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.

University's English policy ruled lawful by SCA

By Juta and Company (Pty) Ltd Published on Wednesday, 29 March 2017
Civil Rights Education Law Litigation
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.

Judgment reserved on private schools’ rights

By Juta and Company (Pty) Ltd Published on Thursday, 02 March 2017
Constitutional Law Education Law Litigation
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.

University language issue in SCA today

By Juta and Company (Pty) Ltd Published on Friday, 17 February 2017
Education Law
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.

Unregistered, independent PE school forced to close

By Juta and Company (Pty) Ltd Published on Thursday, 02 February 2017
Education Law
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.

Benefactor's Stellenbosch language intentions disputed

By Juta and Company (Pty) Ltd Published on Monday, 30 January 2017
Education Law Litigation
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.

Rhodes interdict against students 'too broad', says judge

By Juta and Company (Pty) Ltd Published on Friday, 02 December 2016
Education Law Litigation
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.

Department in trouble over pupils' hair

By Juta and Company (Pty) Ltd Published on Friday, 18 November 2016
Civil Rights Education Law Litigation
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 students spend weekend in jail

By Juta and Company (Pty) Ltd Published on Monday, 07 November 2016
Criminal Law Education Law Litigation
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 fight to reopen university

By Juta and Company (Pty) Ltd Published on Monday, 31 October 2016
Education Law
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.

UCT gets interdict to keep operations running

By Juta and Company (Pty) Ltd Published on Wednesday, 26 October 2016
Education Law Litigation
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’.

'Shackville' protesters interdict eased by SCA

By Juta and Company (Pty) Ltd Published on Friday, 21 October 2016
Constitutional Law Education Law Litigation
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.

Final interdict against disruptive student protests

By Juta and Company (Pty) Ltd Published on Wednesday, 12 October 2016
Education Law Litigation
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.

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