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Education Law


Education Law

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Expelled student in bid to return to Rhodes

The court battle between Rhodes University and Yolanda Dyantyi – a student it expelled for being part of a violent campus protest against ‘rape culture’ at the Makhanda institution – is on hold for now.


Landmark ruling on education for ALL children

In a ground-breaking judgment, the Eastern Cape High Court (Grahamstown) yesterday ruled that the Basic Education Department will have to provide and fund education for all undocumented children, including children of illegal foreigners.


NSFAS battling to claw back R1bn payment error

The agency responsible for providing financial support to students is trying to claw back more than R1bn it has mistakenly paid out and needs to refund R26m to graduates who have been overcharged on their loans, according to a Business Day report.


Student sues after failing exam

A student has taken the extraordinary measure of taking the University of KZN to court to account for the whereabouts of a question paper for an exam he failed.


Landmark ruling for university's English policy

While upholding a High Court decision that Stellenbosch University was correct in implementing its 2016 policy that gave preference to English over Afrikaans, the Constitutional Court also acknowledged that the reality was that indigenous languages, including Afrikaans, were being diminished.


Attaching school assets ‘devastating’ – ConCourt

A significant number of public schools which have been disadvantaged by the country’s colonial and apartheid past continue to operate under conditions of extreme deprivation.


More white teachers a step too far, judge rules

Two Northern Cape primary schools where 95% of the staff members are white have lost a court bid to fill vacancies with more white teachers. Kathu Primary, in the province’s ‘iron ore capital’, and Seodin Primary, in Kuruman, went to the High Court in Kimberley when the provincial head of education refused to rubber stamp the appointments of three white men.


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.





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