Governing Body of Juma Musjid Primary School & Others v. Ahmed Asruff Essay & Others
CCT 29/10) (2011) ZACC 13; 2011 (8) BCLR 761 (CC)
The Constitutional Court of South Africa held that an eviction order obtained by an owner of private land on which a public school was located could not be enforced where it would impact students’ right to basic education and the best interests of the child under the South African Constitution. The court was clear that the right to basic education is an immediately realizable right and under the South African Constitution non-State actors have a negative obligation to refrain from acts that would infringe on the right to education.
Overarching Principle 4, Guiding Principle 39, Guiding Principle 40, Guiding Principle 41, Guiding Principle 58, Guiding Principle 74
Constitutional Court of South Africa