Legal Articles and Guides
The Gauteng Education Department will approach the Constitutional Court directly to challenge the Overvaal school decision, MEC Panyaza Lesufi said. The department's legal team met the national Department of Basic Education on Monday and will file an appeal on Friday, Lesufi said.
In what a Cape Argus report calls a victory for single parents, the SCA has overturned a Western Cape High Court decision forcing them to obtain the financial details of their former partners in applying for school fees exemption. The report notes in 2011, single parent Michelle Saffer applied for an exemption at Fish Hoek High School for her daughter, but was refused after the school requested financial statements from her ex-husband which she could not provide.
The Gauteng High Court (Pretoria) has postponed the latest round in the litigation war over SA biggest printing and distribution contract to 22 January. JSE-listed printing giants Caxton and Novus have been fighting over the lucrative deal since April 2016, when the National Treasury cancelled the original tender for school workbooks for the Department of Basic Education, says a Moneyweb report.
The Higher Education Transformation Network has filed a lawsuit in the Gauteng High Court (Pretoria) to interdict the Council for Higher Education from removing Walter Sisulu University’s law degree accreditation – a decision taken in November. The Law Society has been cited as a respondent in the matter, notes a TimesLIVE report. According to the council‚ a review of LLB degree programmes was conducted across the 17 universities offering them.
The University of the Free State’s sole language of instruction is now officially English after the Constitutional Court refused AfriForum leave to appeal a judgment of the SCA that upheld the university's appeal against a High Court order which said the policy decision was unlawful. A BusinessLIVE report notes AfriForum and Solidarity had appealed to the Constitutional Court, after the SCA overturned the judgment of the Free State High Court (Bloemfontein), which reviewed and set aside the language policy adopted by the university senate in 2016.
Tired of having their lives on hold for up to six years, college students are being given the pro bono assistance of a law firm to launch a class action against the state for not ensuring they receive their certificates of graduation, according to a City Press report. Keneilwe Molawa, a former student at Motheo technical and vocational education and training college in Bloemfontein, has been trying to get her civil engineering and building construction national vocational certificate since 2010.
It is not a question of whether the school children will be fed, but of who will feed the school children and derive the profit therefrom.’ The Mercury reports this is how the KZN Department of Education has – in court papers – described the case against its ‘corrupt’ awarding of a R1.4bn tender for the National School Nutrition Programme (NSNP) in the province.
A geography teacher at St John’s College in Johannesburg – found guilty on three serious charges‚ including racism – has been fired‚ says a TimesLIVE report. This followed a visit to the school last week by Gauteng MEC for Education Panyaza Lesufi‚ who reportedly gave the school an ultimatum until 1pm on Friday to sack the teacher. Welcoming the decision‚ Lesufi said the educator had left the school with immediate effect.
A father who asked the Gauteng High Court (Johannesburg) to stop his two sons being expelled from a private primary school in Johannesburg has lost his case. The court ordered that the boys be taken out of Pridwin Preparatory School by the end of the year, notes a TimesLIVE report.
The Gauteng High Court (Johannesburg) has ruled public schools cannot promote one religion. The case was brought by the Organisation for Religious Education and Democracy (Ogod) against six schools, notes a News24 report. Judge Willem van der Linde, in handing down the judgment, said: ‘Neither a school governing body nor a public school may lawfully hold out that it subscribes to only a single particular religion to the exclusion of others.’
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.