Complaint alleged the educational needs of children with severe and profound intellectual disabilities were not being adequately met by the South African and Western Cape governments; Right to education; Right to equality and non-discrimination; Disability rights; Right to human dignity; Children’s right to protection from neglect and degradation; Implementation of national laws and policies; Reasonableness of state policy.
The State has not yet completed the report mandated by the court order. The national Government has taken steps to appeal the decision, but faces a challenge in the form of current political pressure related to the issue. UPDATE: The national government has chosen not appeal this decision and the verdict has been finalized by the court.
This case represents judicial interpretation of findings presented by the Department of Education within a constitutional framework. The court considers both the positive and negative dimensions of the right to education and ultimately concludes that the State policy violated children’s rights in both respects. The case is also significant in that the court provided for a structural interdict[1] as a form of relief by asking the State to report back to the court the progress it has made toward implementing the order.
[1] A court-monitored plan of action developed and implemented by the State to rectify a violation to a fundamental or Constitutional right.