On 2 December 2015, the Supreme Court of Appeal of South Africa held in Minister of Basic Education v Basic Education for All that the failure of the Department of Basic Education (DBE) to provide free textbooks to all students in the Limpopo province breached the constitutional guarantees of equality, human dignity, and the right to a basic education. The Court’s powerful judgement is welcomed and is an important declaration that the right to education must be realised for all children in South Africa, including the predominantly poor black children in Limpopo’s public schools.
Case Summary: Minister of Basic Education v Basic Education for All
Summary from the judgment: Constitutional law – right to education in terms of s 29(1)(a) of the Constitution – content of right discussed – Department of Basic Education adopting clear national policy that each learner must be provided with a textbook for each subject before commencement of the academic year – Department failing to do so in respect of some learners in Limpopo – held that the Department had given content to s 29(1)(a) – right immediately realisable – held accordingly that the Department‟s failure to provide textbooks to each learner infringes their right to basic education
Article from vol 12 of the Equal Rights Review which has a special focus on equality and socio-economic rights.
The Equal Rights Review, Volume Four, Interview: Equality in the Courts – A Judicial Perspective: ERT talks with Claire L’Heureux-Dubé and Kate O’Regan
This is the ERT case summary of the Constitutional Court of South Africa decision of National Coalition for Gay and Lesbian Equality and others v Minister of Home Affairs and others CCT 10/99.
This is the ERT case summary of the Constitutional Court of South Africa decision of National Coalition for Gay and Lesbian Equality and another v Minister of Justice and others (1998) (6) BCLR 726.
This is the ERT case summary of the Constitutional Court of South Africa decision of Larbi-Odam and others v MEC for Education (North-West Province) and another 1996 (12) BCLR 1612 (B).
This is the ERT case summary of the Constitutional Court of South Africa decision of Hoffmann v South African Airways 2000 (2) SA 628; 2001 (10) BHRC 571; (2000) 3 CHRLD 146.