CCT58/00

[2002] ZACC 2

2002 (3) SA 265 (CC)

2002 (9) BCLR 891 (CC)

Chaskalson CJ Majority judgment

Mokgoro and Sachs JJ dissenting judgment

Madala J dissenting judgment

Ngcobo J dissenting judgment

8 May 2001

21 February 2002

http://hdl.handle.net/20.500.12144/2108

Appeal to Constitutional Court against the decision of Brand J in the Cape High Court: Bel Porto School Governing Body and Others v the Premier of the Province, Western Cape and Another Case No 12126/99 (C), 21 September 2000, unreported. Decision of the High Court confirmed by the Constitutional Court.

The Western Cape Education Department (WCED) had undertaken a restructuring process to rationalise education in the province and rectify the disparities caused by the previous government. The WCED had to establish a single system within the province to cater for the needs of all children equally. The former House of Assembly Elsen Schools sued WCED contending that the decision by the WCED to implement rationalisation and redeployment scheme without first employing general assistants at their schools infringed their constitutional rights to equality and just administrative action. The majority held that the plan was rational particularly given that WCED had its own surplus staff without having taken on the Elsen staff. Held that there was no violation of the right to equality since the Elsen schools had not been unfairly discriminated against. WCED had complied with the right to just administrative action in terms of s 24. Justices Mokgoro, Sachs filed a joint dissenting judgment and Justices Ngcobo and Madala filed separate dissenting judgments.