Constitutional Court decision concerning the State obligation to ensure access to education in the official language of one’s choice (section 29(2) of the Consitution); Remedial action against past discrimination; Affirmative State obligation; Negative State obligation; Statutory delegation of powers; Right to education in a language of one’s choice; Constitutional rights and remedies; Right to due process
Both the Department of Education and the school were required to report back to the Court within a month after judgment was handed down on the steps that they had taken to give effect to the court order. The school reported back within the required time, indicating in essence that it had changed its language policy to make it possible for children preferring English to enroll and receive appropriate instruction. It also indicated that a number of such children had already enrolled.
This was the first Constitutional Court decision to provide structural relief for a violation of a socio-economic-cultural right, as well as the first to examine the intersection between the setting of language instruction policy and its impact on the right to access education. The case highlights the tensions implicated when democratic principles of local self-governance and cultural preservation are balanced against broader transformational goals regarding past injustices related to the Apartheid system and the right to education.
Updated on April 2013
