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Monday, April 28, 2014
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Nature of the Case

Claim presented to South African courts for the protection of children’s right to basic education (art. 28, South African Constitution). Provision of essential school furniture to public schools in Eastern Cape.

Enforcement of the Decision and Outcomes

The Legal Resource Centre is monitoring the implementation of the decision. The comprehensive audit was completed by 28 February, but the omission of numerous schools requiring furniture is apparent.  Another delay is likely due to a tender dispute between the state and furniture manufacturers over irregular tender procedures in the award of R90 million worth of furniture orders.  The Legal Resources Centre has intervened on behalf of the Centre for Child Law in this matter in an attempt to prevent the granting of an interdict which would delay the delivery of furniture, but supporting a declaration that the tender was unlawful.  Judgment has not been handed down in that dispute (LRC, April 2014).

Significance of the Case

First, the High Court reaffirmed the understanding that the right to basic education is immediately realizable, in particular with regard to schools’ infrastructure. Second, the High Court issued orders that will have a broad impact, benefiting more than 600,000 learners who are currently without adequate (or any) furniture.

Groups Involved in the Case

Legal Resources Centre (LRC) and Centre for Child Law (CCL)