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Equal Education and Others v. Minister of Basic Education

Case No. 22588/2020 (2020)

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Equal Education and Others v. Minister of Basic Education

South Africa High Court
Case No. 22588/2020 (2020)

Facts

South Africa’s National School Nutrition Program (NSNP) was a long-term government program that provided over 45 million meals per week to school children from disadvantaged backgrounds. During the COVID-19 pandemic, when schools were closed, the government suspended the NSNP. It did, however, offer certain other benefits. It temporarily increased the monthly government child-support allowance and the old-age pension. It also implemented feeding schemes. The government claimed that during the first two months of lockdown, the feeding schemes delivered 788,000 food parcels. Nongovernmental organization Equal Education and others (plaintiffs) sued the minister of basic education and others (defendants), arguing that suspending the NSNP without implementing an effective substitute left many of the country’s children vulnerable to hunger and malnutrition, violating their basic right to food. The High Court of South Africa considered their request for emergency relief.

Rule of Law

Issue

Holding and Reasoning (Potterill, J.)

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