Dispute Concerning the Constitutionality of Certain Provisions of the National Education Policy Bill No. 83 of 1995
South Africa Constitutional Court
1996 (3) SALR 289 (CC) (1996)
- Written by Kelly Simon, JD
Facts
The South African National Assembly (national assembly) was considering national education legislation that would charge the South African Minster of Education (the minister) with developing a national education policy. The proposed legislation included provisions that would provide financial incentives for provinces to conform with national education policies and allow the minister to request that national policy override provincial policy. Critics of the legislation complained that the proposal would usurp provincial councils by requiring that national priorities and directives, including those in conflict with existing provincial law, be imposed upon the provinces. The speaker of the national assembly (plaintiff) referred the dispute over the provisions of the national education legislation to the South Africa Constitutional Court for a review of the proposal’s constitutionality.
Rule of Law
Issue
Holding and Reasoning (Chaskalson, J.)
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