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.
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.
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.