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2. The Legal and Legislative Services Chief Directorate is in terms of the new organogram of the Department constituted of a legal services and legislative services unitThe structure of the unit could be represented by the following diagram:Chief Director (secretary ) Director
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7. LITIGATION ART v MINISTER – EQUALITY COURT APPLICATION
BACKGROUND
Equality court action brought against the department on grounds of language discrimination;
the criteria applied in awarding the Funza Lushaka bursary is in conflict with section 9(3) of the Constitution; Afrikaans speaking students who choose Afrikaans as a subject for teacher training do not qualify for the bursary;
LEGAL ISSUE:
Is the criteria applied in awarding the Funza Lushaka Bursary discriminatory
against Afrikaans speaking students?
STATUS:
The criteria used to award the bursaries have a rational justification i.e. Scarcity of skills and expertise in the field;
Statistics show that Afrikaans speaking students receive a generous portion of bursaries
The matter is being defended and prospects of success are favourable.
DBE’s POSITION
8. WELKOM AND HARMONY HIGH v FREE STATE EDUCATION DEPARTMENT BACKGROUND
The Applicant sought an order to overturn the FSED directive in terms of not to effect the SGB Pregnancy Policy. The FSED intervened by directing the schools to admit learners to school after the school implemented the Pregnancy Policy provisions which stipulated that a learner will not be permitted into school within the same year that she absented herself due to pregnancy, she may only return the following year.
LEGAL ISSUE:
Did the FSED have the authority to override a decision made by the school in terms of a Policy determined by the SGB?
STATUS:
The Policy discriminates against learners and prevents them from access to education. It is prejudicial as it increases the time in which a learner will complete their schooling. Currently the matter is being taken on Appeal.
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9. SR KHUBEKA v MEC: KZN & OTHERS BACKGROUND:
Labour court application brought by SEM employees seeking an order that the consent agreement entered into between the KZN department and fellow DCES officials be reviewed and set aside. This was as a result of and upgrade of salaries in respect of DCES/SEM office based educators from a grade 10 to 11 and the KZN department reversing the decision by consent as DCES/SEM school based educators did not receive the upgrade.
LEGAL ISSUE:
Did the MEC and HOD have the power to upgrade the DCES/SEM post from grade 10 to 11?
STATUS :
Legal opinion was sought and HEDCOM passed a directive that all provinces who upgrades DCES/SEM officials did so ultra vires as the Minister has the power to determine salaries and conditions of service. Currently KZN.DOE is defending the matter.
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10. PJ OLIVIER & OTHERS v MINISTER BACKGROUND:
application brought against the ECED to direct that the ECED decision, not to fill all vacant substantive posts at the abovementioned public schools in the Eastern Cape in accordance with their 2010 post establishments, be judicially reviewed and set aside. The post establishment for 2011 was unlawful as it was not determined by 30 September as envisaged in SASA.
LEGAL ISSUE:
Was the HOD’s decision ;
not to fill vacant posts in terms of the 2010 Post Establishment
and thereafter determining the Post Establishment for 2011 after the 30 September unlawful and therefore unjust administrative action?
STATUS:
The matter was settled, however now the settlement order is being challenged on the grounds that the parties did not have authority to enter into such settlement agreement.
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11. INTERNATIONAL AGREEMENTS 11
12. DOMESTIC AGREEMENTS 12
