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High Court of South Africa Eastern Cape, Grahamstown - 2019

4 judgments
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4 judgments
Citation
Judgment date
December 2019
Centre for Child Law and Others v Minister of Basic Education and Others (2840/2017) [2019] ZAECGHC 126 (12 December 2019)
Reported
Admission of children to public schools may not be conditioned on possession of identity documents; clauses requiring such documentation are unconstitutional.
Education law; right to basic education – unconditional right of "everyone" under section 29(1)(a); Admission Policy clauses requiring birth certificates or proof of legalisation unconstitutional; administrative action and PAJA condonation; Circular 06 of 2016 set aside; Immigration Act (ss.39, 42) to be interpreted compatibly with Bill of Rights so as not to bar basic education to undocumented children; best interests of the child and equality and dignity obligations; remedies and mandamus to admit children pending documentation.
 12 December 2019
April 2019
Magoswana v Road Accident Fund (2467/2010) [2019] ZAECGHC 49 (23 April 2019)
Amendment changing the alleged negligent driver did not create a new cause of action or render the claim prescribed.
* Road Accident Fund Act – statutory claim against Fund as substitute for wrongdoer – identity of driver not essential to debt owed. * Civil procedure – amendment of particulars of claim – whether amendment introduces new cause of action or causes prescription to operate. * Prescription and condonation – interests of justice test; prejudice to respondent and prospects of success.
 23 April 2019
March 2019
S v Makeleni and Another (CA&R 51/2018) [2019] ZAECGHC 53 (26 March 2019)
Joint possession of firearms requires proof of knowledge and intent; mere presence or common purpose is insufficient.
Firearms Control Act – unlawful possession – possession requires corpus and animus; joint possession (Nkosi test) requires group intent to possess via detentor and detentor’s intent to hold for group; mere presence or common purpose for other crimes insufficient; statutory presumptions under s117 not invoked.
 26 March 2019
January 2019
Grootboom and Others v MEC: Department of Education, Eastern Province and Another (173/2018) [2019] ZAECGHC 1 (8 January 2019)
Failure to give timely statutory notice defeated constitutional damages claims, but an opt‑in class action was certified and procedural steps ordered.
Legal Proceedings Act s 3 — statutory pre‑litigation notice for claims against organs of state — condonation requirements (no prescription, good cause, no unreasonable prejudice) — Prescription Act s 12(3) — knowledge of material facts versus legal conclusions — class action certification (opt‑in) and procedural directions — constitutional damages claim and quantification of loss.
 8 January 2019