High Court of South Africa Eastern Cape, Mthatha - 2014 February

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2 judgments

Citation	Judgment date
February 2014
Kondlo v Eastern Cape Development Corporation (CA&R 53 /2013) [2014] ZAECMHC 6 (27 February 2014) Reported The respondent’s summary judgment was set aside because the magistrate improperly condoned Rule non‑compliance. Magistrates’ Court Rules — Rule 6(6) — failure to annex written contract — deemed irregular step under Rule 6(13); Rule 60/60A — scope — no general power of condonation to dispense with form or substance of rules; Summary judgment — Rule 14(1) — limited to specified categories; Affidavit in support — Rule 14(2) — ‘‘verify’’ means to swear positively to facts verifying cause and amount; Procedural fairness — irregularity to be remedied under Rules 60/60A, not condoned absent express rule or s54 conference.	27 February 2014
Madzodzo and Others v Minister of Basic Education and Others (2144/2012) [2014] ZAECMHC 5 (20 February 2014) Reported Court found provincial education authorities breached learners' right to basic education by failing to provide required school furniture and ordered prompt delivery. * Education law – right to basic education (section 29(1)(a)) – immediately realisable right – provision of necessary resources including age and grade appropriate furniture. * Compliance with court orders – audit, verification and delivery plan – non-compliance of provincial education authorities. * Budgetary constraints – not a blanket defence to immediate obligations under section 29(1)(a). * Judicial remedies – supervisory jurisdiction; mandatory orders with fixed timeframes; conditional extension mechanism; costs order including two counsel.	20 February 2014