Legal Articles and Guides
Unisa has told the Constitutional Court of the range of impracticalities it would face if compelled to reinstate Afrikaans as a language of teaching and learning alongside English, according to a report in The Star.
Amid demands for free higher education, which have led to protests, the National Student Financial Aid Scheme (NSFAS) has racked up R6.8bn in irregular expenditure, while auditors raised concerns about a further R50bn that was irregularly spent, but not disclosed.
The Eastern Cape High Court (Makhanda) has set aside the expulsion of a Grade 11 St Andrew’s College pupil who ‘lashed’ a fellow pupil with a broken golf putter so harshly on his buttocks that it caused blood blisters.
An investigation into a matric farewell event organised for Brackenfell High School pupils has concluded that it was a private function and did not exclude anyone on the basis of race, notes a TimesLIVE report.
Expelled Rhodes University student Yolanda Dyantyi has been granted leave to take her fight against her permanent exclusion all the way to the SCA.
The EFF made a call for intervention, to bring Rhodes University ‘to its senses’, in response to former student Yolanda Dyantyi being banned from the university for life, for a range of charges – including kidnapping, assault, defamation and insubordination.
The Congress of SA Students (Cosas) has threatened to shut down all private schools that remain open during the four-week Covid-19 break for public schools, arguing that having them open while public schools are closed is not fair.
The government will be taken to court after accusations that it pacified unions by deciding to close all public schools for four weeks, less than a month after it won a legal challenge to its decision to reopen the country’s economy along with its schools.
Six weeks after schools reopened, the Cabinet is again debating whether schools should remain open or close again ahead of the anticipated Covid-19 peak. Basic Education Minister Angie Motshekga met with the Cabinet yesterday to discuss proposals made by stakeholders in the education sector about schooling ahead of the peak.
A Durban school can no longer suspend pupils from virtual classes for defaulting on school fees. A consent order granted by the Durban High Court ordered the Durban North Primary School to refrain from contravening the Schools Act by excluding pupils from online lessons because their fees were in arrears.
The school governing body (SGB) of Bloemfontein’s Grey College has been dealt a blow by the SCA, the latest instalment in its protracted power struggle with principal Deon Scheepers.
The constitutional injunction that South Africans have the right to education in the language of their choice ‘where that education is reasonably practicable’, is what made the difference between this week’s SCA ruling that the removal of Afrikaans as a medium of instruction at Unisa was unlawful and unconstitutional and previous rulings allowing the universities of Stellenbosch and the Free State to switch to tuition in English.
Last week’s Constitutional Court judgment in the Pridwin Preparatory School case took some 13 months to deliver. ‘When judgment day did finally arrive, what was handed down were two voluminous, and important judgments,’ says the anonymous legal expert, ‘Professor Balthazar’.
Government lawyers insist that the state’s decision to ease lockdown restrictions and reopen schools, at a time when SA’s Covid-19 infection rates are increasing, is not unreasonable – particularly given the economic crisis the country is facing, notes Business Day.
The Constitutional Court has ruled that private (or independent) schools may no longer rely on contracts with parents as the basis for kicking children out of school without a fair hearing, notes a GroundUp report.