SECTION27 is a public interest law centre that seeks to influence, develop and use the law to protect, promote and advance human rights. Our name is drawn from the section in the South African Constitution which enshrines everyone's right to health care, food, water and social security.
SECTION27 and the Department of Basic Education released the ‘verification report’ into the delivery of textbooks to learners in grades 1-3 and grade 10 in Limpopo Schools.We thank Professor Metcalfe and her team. Not only have they done a great amount of work in the last two weeks, but they have made a personal sacrifice out of a commitment to the right to basic education.
SECTION27’s intention is not to vilify any particular person. However, we maintain our position that once the National Executive (Cabinet) decided to intervene in Limpopo under s100(1)(b) of the Constitution they assumed, through the DBE, full responsibility for meeting minimum standards for the delivery of basic education services within the Province.
Today was meant to be the day that the vital hearing of the case on teacher post provisioning would be heard in the Eastern Cape High Court, Grahamstown. Hundreds of thousands of learners’ education depends on a positive outcome to this case, and a finding as to whether the provincial and national government have violated their rights.
However, once again the Minister of Basic Education and her department treated the court, and all the parties before the court, with contempt.
Today a crucial case is being heard in the Eastern Cape High Court (Grahamstown) that has been brought by the Centre for Child Law and five school governing bodies, represented by the Legal Resources Centre. The case concerns the unequal and unfair distribution of teachers to schools in the province and the failure of the Eastern Cape Department of Basic Education (ECDBE) to implement their own ‘post provisioning plan’ for 2012. A post provisioning plan is a plan to ensure that there is a fair distribution of teachers to all schools in the province and that schools have the teachers (and other staff) that they require to provide basic education.
On 12 July 2012, the Eastern Cape High Court will hear an application brought by the Legal Resources Centre on behalf of the Centre for Child Law and the governing bodies of five schools in the Eastern Cape Province. The application relates to the failure by the Eastern Cape Department of Basic Education and the National Department of Basic Education to implement the 2012 post establishment in public schools in the Eastern Cape. SECTION27, acting on behalf of the National Association of School Governing Bodies, has applied for leave to intervene as amicus curiae in this application. The focus of our intervention is the obligations arising from the National Department’s intervention in the Provincial Department in terms of section 100(1)(b) of the Constitution, following failed attempts at collaboration and co-operation with the Provincial Department.
SECTION27 applauds yesterday’s decision by the United States Supreme Court to uphold the Patient Protection and Affordable Care Act. The Act is President Barack Obama’s comprehensive health care reform legislation. It has the potential to enable the United States to achieve a goal that all countries, including South Africa, should strive toward: universal health care that is both high quality and affordable. In other words, quality health care for everyone.
The question for South Africans becomes: what lessons should South Africa take from this?
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