n Without Prejudice - Provincial power trumps a school's governing council : constitutional law
|Article Title||Provincial power trumps a school's governing council : constitutional law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Nov 2013|
|Pages||57 - 59|
In a long-running argument between the governing body of the Rivonia Primary School and the Gauteng Provincial Education Department, (CCT135/12  ZACC 34 (3 October 2013) the Constitutional Court started out, in its majority judgement, by referring to s29 which it states 'guarantees everyone the right to a basic education' and observing that this constitutional guarantee is 'inaccessible for large number of South Africans.' Further that there are disparities in 'accessing resources and quality education perpetuate socio-economic disadvantage, thereby reinforcing and entrenching historical inequity,' With this introduction it is no surprise that the Constitutional Court found it to be in agreement, in part, with the Gauteng Department of Education.
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