Children's rights – LawLibrary

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4 documents

Title	Jurisdiction		Date
A K and Others v Minister of Home Affairs and Another (2693/2022) [2023] ZAWCHC 24 (10 March 2023) Reported DG’s refusal to uplift prohibition was irrational for failing to consider victim‑of‑fraud evidence and the children’s best interests. Immigration — s29(1) strict liability versus s29(2) discretion to uplift prohibition; administrative law — irrationality and failure to consider relevant factors; children’s rights — paramountcy of best interests in immigration decisions; substitution of administrative decision where remittal inappropriate.	Western Cape	Judgment	10 March 2023
Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (5441/20) [2023] ZAWCHC 18 (13 February 2023) Reported Court invalidates abandonment regime that strips asylum seekers (and children) of non‑refoulement protection for late visa renewal. Refugee law — Abandonment of asylum applications — Sections 22(12)–(13) of Refugees Act, Regulation 9 and Form 3 — Conflict with non‑refoulement and children's rights — Overbroad and disproportionate limitation under section 36 — Invalidity and referral to Constitutional Court.	Western Cape	Judgment	13 February 2023
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.	Eastern Cape	Judgment	12 December 2019
Centre for Child Law and Others v Minister of Basic Education and Others (1749/2012) [2012] ZAECGHC 60 (3 July 2012) Reported Respondents must declare and fill both educator and non-educator school post establishments to protect learners’ right to basic education. Education law – s100(1)(b) intervention – national executive assumes provincial powers and obligations; Public Service Act and Employment of Educators Act – determination of educator and non-educator post establishments; Schools Act s20 – governing bodies’ role; Norms and Standards – requirement for adequate non-teaching personnel; State duty to respect, protect and fulfil right to basic education; obligation to declare and fill budgeted posts.	Eastern Cape	Judgment	3 July 2012