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Equal Education v Minister of Basic Education

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Equal Education v Minister of Basic Education

20th July 2018

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The judgment finds several sections of the Regulations Relating to Minimum Norms and Standards for Public School infrastructure (the sub- regulations) inconsistent with the Constitution, the South African Schools Act and a 2013 court order mandating the promulgation of the Regulations.  It declares these sections of the Regulations unlawful and invalid.
 
The judgment affirms that government has an obligation to provide safe and adequate school infrastructure as a component of the right to basic education in terms of section 29(1)(a) of the Constitution. It also affirms that this obligation is immediately realisable and any failure to meet the obligation must be justified in full by the government.

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