Abstract
In December 2015, the Supreme Court of Appeal (‘SCA’) in its judgment in the case of Minister of Basic Education v Basic Education for All held that every learner is entitled to a textbook in every subject at the commencement of the academic year. This article discusses and analyses the judgment. In particular, it examines the contribution of the judgment to the doctrine of transformative constitutionalism as evidenced by the SCA’s approach to the interpretation of the rights to basic education and equality, respectively. It discusses the reaffirmation of the principle of the duty to budget in South Africa’s evolving socio-economic rights jurisprudence and finally it discusses the choice of remedy in the judgment.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
