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dc.date.accessioned 2017-04-08T16:59:43Z
dc.date.available 2017-04-08T16:59:43Z
dc.date.created 2003-11-24 en
dc.identifier.citation [2002] ZACC 2
dc.identifier.citation 2002 (3) SA 265 (CC)
dc.identifier.citation 2002 (9) BCLR 891 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2108
dc.title Bel Porto School Governing Body and Others v Premier Western Cape and Another en
dc.title.alternative CCT58/00 en
dc.identifier.casenumber CCT58/00 en
dc.date.hearing 8 May 2001
dc.contributor.judge Chaskalson CJ Majority judgment
dc.contributor.judge Mokgoro and Sachs JJ dissenting judgment
dc.contributor.judge Madala J dissenting judgment
dc.contributor.judge Ngcobo J dissenting judgment
dc.date.judgment 21 February 2002
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2108/Full%20judgment%20%28936%20Kb%29-24637.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis 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.
dc.concourt.casehistory 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.


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