This case concerns whether the right to basic education includes a right to be provided with transport to and from school at state expense for those scholars who live a distance from their schools and who cannot afford the cost of that transport. 

This High Court case deals with the constitutional obligation of the South African government to promote basic education by securing timely appointment and funding of educators at all public schools.  

In this decision, the Constitutional Court of South Africa held that an eviction order obtained by an owner of private land on which a public school was located could not be enforced where it would impact students’ right to basic education and the best interests of the child under the South African Constitution (sections 28 and 29). The Court held that a private landowner and non-sate actor has a constitutional obligation not to impair the right to basic education under section 29 of the Constitution. The Court also held that, unlike other socio-economic rights protected by the Constitution, the right to basic education is immediately realisable and any limitation of this right must be 'reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom'.

This case involves the interpretation of the scope of the constitutional right in South Africa to basic education and in particular whether the provision of school textbooks to all basic education learners for the whole academic year is an essential component of this right.

 

In this case, ISER successfully petitioned the High Court seeking declarations to the effect that the government policy on public financing of secondary education in Uganda infringes on the rights to; equality and non – discrimination; and quality education as guaranteed under Articles 21; and 30 and 34(2) of the Constitution respectively. The court directed that; government must ensure equity for all children in the design and implementation of education programs; and that government should take its lead position in regulating private involvement in education to ensure adherence to minimum standards – in doing so, it should make good use of the Abidjan Principles on the human rights obligations of states to provide public education and regulate private involvement in education to offer the necessary guidance. ISER successfully petitioned the High Court seeking declarations to the effect that the government policy on public financing of secondary education in Uganda infringes on the rights to; equality and non – discrimination; and quality education as guaranteed under Articles 21; and 30 and 34(2) of the Constitution respectively. The court directed that; government must ensure equity for all children in the design and implementation of education programs; and that government should take its lead position in regulating private involvement in education to ensure adherence to minimum standards – in doing so, it should make good use of the Abidjan Principles on the human rights obligations of states to provide public education and regulate private involvement in education to offer the necessary guidance. 

In this case,  ISER successfully petitioned the High Court seeking declarations to the effect that the government policy on public financing of secondary education in Uganda infringes on the rights to; equality and non – discrimination; and quality education as guaranteed under Articles 21; and 30 and 34(2) of the Constitution respectively. The court directed that; government must ensure equity for all children in the design and implementation of education programs; and that government should take its lead position in regulating private involvement in education to ensure adherence to minimum standards – in doing so, it should make good use of the Abidjan Principles on the human rights obligations of states to provide public education and regulate private involvement in education to offer the necessary guidance. ISER successfully petitioned the High Court seeking declarations to the effect that the government policy on public financing of secondary education in Uganda infringes on the rights to; equality and non – discrimination; and quality education as guaranteed under Articles 21; and 30 and 34(2) of the Constitution respectively. The court directed that; government must ensure equity for all children in the design and implementation of education programs; and that government should take its lead position in regulating private involvement in education to ensure adherence to minimum standards – in doing so, it should make good use of the Abidjan Principles on the human rights obligations of states to provide public education and regulate private involvement in education to offer the necessary guidance.