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Education Law


Education Law

Most recent Articles posted

Stellenbosch language issue before top court

Stellenbosch University amended its language policy due to political pressure and not for practical reasons, the lobby group Gelyke Kanse/Equal Opportunities claims in papers before the Constitutional Court.


Top court shuts door on Uitsig High School

The Constitutional Court has dismissed an appeal by Uitsig High School against Western Cape Education MEC Debbie Schäfer’s decision to close it, says an EWN report.


Judge orders KZN department to build school

The KZN High Court (Pietermaritzburg) has ordered the provincial Department of Education to build a school for the Nkungumathe community in Nkandla.


Crèche management dispute back in court

The power struggle between Love and Care day-care centre founder Aurelia Kaitesi and the City of Cape Town’s mayco member Felicity Purchase over the management of the crèche has again ended up in the Western Cape High Court. A Cape Times report says Kaitesi and the board of governors sought an order to remove Purchase and a Noordhoek couple as trustees.


Department moves to close illegal schools

The Eastern Cape Education Department has resorted to court to urgently force the closure of several unregistered schools operating in the Centane, Butterworth and Nqamakhwe areas, says a Daily Dispatch report.


Prisoner takes on Minister over laptop access

Mbalenhle Nkosi, an inmate at Johannesburg Medium C Correctional Facility, has taken the head of the prison, the National Commissioner and the Minister of Correctional Services to court over the prison denying him the use of his laptop.


College banks on top court for its LLB degree

A private university is now counting on the Constitutional Court for assurance that its 400 LLB students will be allowed to practise after graduating, says a Cape Argus report. The Independent Institute of Education (IIE) has brought an application asking the court to declare a section of the Legal Practice Act unconstitutional, as it only allows graduates from public universities to practise as lawyers.


Best interest of child argued in private school case

The Constitutional Court has been asked to decide how much emphasis should be placed on the best interests of children when private schools are terminating a contract with the children’s parents which ultimately leads to the children being expelled, says a Daily Maverick report.


School battle with parents goes to ConCourt

A case about whether a Johannesburg private school can expel two boys (8) for the alleged misconduct of their parents has landed in the Constitutional Court. The Star reports the battle between Pridwin Preparatory School and AB and CB – as the parents are called in affidavits – will be heard in the apex court next month.


Cape school fined for 113-year unlawful operation

A Cape Town public school has been fined for operating unlawfully for 113 years. However, Oakhurst Girls Primary, in Rondebosch, will have no difficulty paying the penalty imposed by a City of Cape Town Planning Tribunal, as it has been set at R0.


Bid to keep school open fails at SCA

A Cape Town school's death knell has been sounded by the SCA, which has reportedly dismissed an application to appeal by the governing body of Uitsig Secondary School, near Elsies River, against Education MEC Debbie Schäfer's 2017 decision to close it.


'Slapped' girl's suspension upheld at hearing

The suspension of the Sans Souci Girls' High School pupil, who was slapped by a teacher in a video that went viral, was upheld at her disciplinary hearing yesterday, according to a News24 report. Her distraught mother said ‘they (Sans Souci) never cared about my daughter’, and claimed the principal called her aside before the hearing and ‘advised’ her to take her daughter to another school.


Ruling affirms right to safe and decent schools

The Makangwane School Governing Body (SGB) has been vindicated in the recent judgment delivered by Limpopo High Court (Polokwane) Judge Makgutla Semenya, says Section27’s Zukiswa Pikoli, in an analysis of the judgment on the law centre’s site.


Union backs teacher in slapping matter

The SA Teacher's Union (SAOU) says it supports the Sans Souci Girls' High School teacher who was caught on video slapping a pupil, notes News24. In a statement yesterday, the union said: ‘The SAOU wishes to emphasise that we support our member and her labour rights,’ the union said in a statement.


ConCourt finds delayed dismissal of teacher unfair

The Constitutional Court has come to the aid of an Eastern Cape educator who was eventually dismissed more than five years after misconduct was noted by her employer. According to a Daily Dispatch report, the court set aside an earlier order by the Labour Court and found that the dismissal of Thandiwe Stokwe was procedurally unfair.


Schools suspends teacher and pupil involved in fracas

The teacher and pupil involved in a fracas in a Cape Town high school classroom have been suspended. According to a TimesLIVE report, a video of the argument at Sans Souci Girls' High School in Newlands that culminated in a shoving match and the teacher slapping the Grade 9 pupil went viral this week.


Private Schools and Parents Behaving Badly – the Expulsion Option

Here’s a recent Supreme Court of Appeal decision which is of importance and interest to all schools, parents and learners. It deals with a school’s attempt to cancel a parent contract (effectively expelling two young learners) after the parents created a “toxic and intolerable atmosphere” in the school with an eight-month spree of bad behaviour and expletive-rich abuse, mostly at school sporting events.


Teacher suspended amid race row

A teacher from Laerskool Schweizer-Reneke in the North West was suspended yesterday following outrage over a picture she allegedly took of black Grade R pupils in her class being seated separately from their white classmates on their first day of school. The announcement was made by the North West Department of Education during a meeting at the school following demonstrations by community and political groups.


Alleged racism at school to be investigated

The first day back at school yesterday was marred by a racism incident at a North West school, notes Legalbrief. The province's Education MEC and other politicians will visit the school today to investigated allegations that grade R learners were separated by race.


Supreme Court of Appeal bid to keep Cape school open

Fighting to keep open the perilous Uitsig High School in gang-infested Elsies River, former Cosatu provincial secretary Tony Ehrenreich has backed an approach to the SCA to overturn a decision to close it, says a Cape Argus report. Education MEC Debbie Schäfer has been served with papers advising her of the school taking her decision to close the school last year to the SCA.





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