The Limpopo Department of Basic Education’s catch-up plan report November 2012

As required by the order of the North Gauteng High Court of 4 October 2012, the Department of Basic Education filed an affidavit on 30 November 2012 detailing the steps taken to ensure timeous delivery of textbooks to the CAPS grades for next year. A copy of the affidavit is attached.

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NEW JUDGEMENT AGAINST DEPARTMENT OF BASIC EDUCATION (DBE) SETS DEADLINE FOR DELIVERY OF TEXTBOOKS AND STRESSES NEED FOR OPENESS AND ACCOUNTABILITY

SECTION27 welcomes the judgment handed down by Judge Kollapen this morning in the matter of SECTION27 versus the Department of Basic Education (DBE). The judgment deals with a continued failure by the DBE and the Limpopo Department of Education to deliver textbooks across Limpopo and to put in place an effective catch-up plan. The fact is that the DBE has repeatedly said that textbooks have been delivered; yet in court they conceded that this was not true.

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Eastern Cape High Court orders the appointment of teachers in the Eastern Cape

The judgment of the Eastern Cape High Court, handed down on 3rd August 2012, is a groundbreaking vindication of the state’s duties to ensure children have a basic education.
SECTION27 salutes the Centre for Child Law, a number of School Governing Bodies from schools in the Eastern Cape and their legal team, the Legal Resources Centre (LRC), for this important victory for the rights of learners to learn and teachers to teach.

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Judgment reaffirms rights of people with HIV to non-discrimination in employment

SECTION27 welcomes the judgment handed down by Judge Bhoola today in the Labour Court in the case of Gary Shane Allpass v Mooikloof Estates (Pty) Ltd.

The case concerns the unfair dismissal in 2008 of a horse riding instructor on the grounds of his HIV status. The ruling follows the institution of legal proceedings on behalf of Mr Allpass by Webber Wentzel Attorneys, with the assistance of SECTION27. In her judgment, Judge Bhoola noted that “this court is indebted to the AIDS Law Project for its assistance.” SECTION27 incorporates the AIDS Law Project.

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Neo-natal circumcision not in conflict with Children’s Act of 2005

Much confusion has been generated recently regarding the legality of performing medical male circumcision on boys below the age of 16 in South Africa. This confusion seems to be based on a poor reading of the Children’s Act 38 of 2005. This confusion has caused some providers to be hesitant to perform circumcisions on infant boys, even where the parents have provided consent and slowed down the implementation of programmes ultimately aimed at preventing new HIV infections in the future.

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Equal Education v Western Cape Education Department

Equal Education v Western Cape Education Department

On 12 March 2010, the ALP assisted Equal Education in submitting a request to the Western Cape Education Department (WCED) under the Promotion of Access to Information Act. The request sought information on the literacy and numeracy pass rates and average test scores for grades 3 and 6 in the Western Cape.

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Naude v The member of the Executive Council, Department of Health, Mpumalanga

On 21 October 2008 the Labour Court handed down the judgment in the case, Naude v The member of the Executive Council, Department of Health, Mpumalanga. The court found that Naude had been unfairly dismissed, awarded him R100 000 compensation, and costs in ALP’s favour.

This is a victory for all doctors who seek to practice their professional ethically, even where it may go against government policy.

In this case the AIDS denialism of the former Minister for Health, Manto Tshabalala-Msimang and the former MEC for Health in Mpumalanga, Sibongile Manana has once again been found to be unlawful and a violation of rights.

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South African Security Forces Union and Others v Surgeon General and Others

On 15 and 16 May 2008, a ground breaking case on the constitutionality of HIV testing policies that are used to exclude ALL people with HIV from recruitment to, promotion or foreign deployment in the SA National Defence Force was heard in the Pretoria High Court.

The court was asked to declare the blanket exclusion unconstitutional, order the appointment or promotion of individual’s adversely affected by the policy and to order the SANDF to devise a new policy within six months.

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