Judge Tuchten rules on the Limpopo textbooks case
Judgment in the Limpopo textbooks case has been handed down by Judge Neil Tuchten in the North Gauteng High Court. Please find it attached. BEFA & Others v Min of Basic Education & Others
Judgment in the Limpopo textbooks case has been handed down by Judge Neil Tuchten in the North Gauteng High Court. Please find it attached. BEFA & Others v Min of Basic Education & Others
Read the founding affidavit of why Limpopo schools are going back to court over textbooks here… Limpopo textbooks – founding affidavit – 28 March 2014
Following years of negotiations between the South African National Defence Force (SANDF) and the AIDS Law Project (ALP) regarding the SANDF’s old health classification policy that excluded people living with HIV from recruitment, external deployment and promotion in the military, in 2008 the North Gauteng High Court settled the matter. Pursuant to an out of court settlement between the two parties, the Court declared such policy as unconstitutional to the extent that it violated the rights of aspirant and serving members of the SANDF to equality and dignity, among other rights.
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).
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.
As required by the order of the North Gauteng High Court of 4 October 2012, the Department of Basic Education filed an affidavit on 31 October 2012 detailing the steps taken to ensure timeous delivery of textbooks to the CAPS grades for next year.
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.
The Treatment Action Campaign, Wits Justice Project and the Centre for Applied Legal Studies, represented by SECTION27, have been admitted as amici curiae (friends of the court) in the case of Dudley Lee v Minister of Correctional Services. Read the documents that will be presented…
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.
4 May 2012 On 4 May 2012 SECTION27 launched an urgent application against the Minister of Basic Education and the Limpopo Department of Education in relation to their complete failure to procure and deliver textbooks for learners throughout Limpopo. The academic year is almost halfway gone—yet learners in Grades R, Continue Reading
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.
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.