SECTION27 has recently obtained the judgment (see below) handed down on 4 October 2012, by Kollapen J in the North Gauteng High Court. The judgment relates to an application brought by SECTION27, Hanyani Thomo Secondary School and Lutandale Primary School, represented by the Centre for Applied Legal Studies (CALS). The parties were in court for an application that arose from non-compliance by the Department of Basic Education (DBE) and the Limpopo Department of Education (Provincial Department) with two previous court orders regarding the delivery of textbooks to schools in Limpopo. The judgment deals with the continued failure in 2012 by the DBE and the Limpopo Department of Education to deliver textbooks across Limpopo and to put in place an effective catch-up plan in place for Grade 10 learners. It makes important statements affirming the duties on government arising from the right to basic education. As a result of the Court order, a repetition of the debacle of 2012 has been avoided in 2013. By the start of the new school year, most CAPS books had been delivered – although SECTION27 continues to monitor delivery closely.
2nd Judgment DBE NGHigh Court Oct 2012