Legal Articles and Guides

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.