Equal Education and Others v. Minister of Basic Education and Others

Citation:

Equal Education and Others v. Minister of Basic Education and Others (22588/2020) [2020] ZAGPPHC 306

Date:

17 July 2020

Link:

http://www.safili.org/za/cases/ZAGPPHC/2020/306.html

Summary:

This case is significant because it accorded supreme importance to and re-affirmed the interdependence and indivisibility of the right to food, health, and education. According to the court, deprivation of the right to basic nutrition detrimentally affects students’ right to health and education by jeopardizing their physical, mental, and emotional development.

The decision is also significant that it recognizes the continuous enjoyment of the right to education irrespective of the modality of delivery. After the schools were officially opened on 08 January 2020 for Grade 8 and 12 students, other students were required to learn from their homes due to the impact of COVID-19 Pandemic. The court reasoned that those students that learn from their homes should continue to enjoy their right to education in full .

Further, the case elaborated the nature of the State’s obligation concerning the realization of the right to education. The court’s reasoning and decision affirms the impermissible nature of the retrogressive measures unless justified by fulfilling all the standards and preconditions stipulated under international human rights law. This position is stipulated under Guiding Principle 45 of the Abidjan Principle.

Finally, the decision epitomises the role that the judiciary should play to effectively guard the full enjoyment of right to education. Given an exceptional position of vulnerability of poor children, the order of the court to judicially supervise the effective enforcement of its decision is very crucial to realize the enjoyment of the right to education by all children irrespective of their social status or the status of their parents.