High Court of South Africa Eastern Cape, Grahamstown - 2015 June

1 judgment
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1 judgment
Citation
Judgment date
June 2015
Reported
The right to basic education can require state-funded scholar transport; arbitrary blanket refusals must be reviewed and remitted for fresh decisions.
Constitutional right to basic education – scope includes scholar transport where distance and inability to pay impede access; Administrative law – PAJA applies to scholar transport decisions; Arbitrary administrative action – blanket refusals without verification set aside; Remittal vs substitution – courts should remit where factual inquiries and policy application require administrative competence; Mandamus – court may compel implementation of an existing administrative decision; Separation of powers – courts will not dictate policy content but may order reporting.
25 June 2015