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A fight for the right to basic education: A tale of enduring state failure

The right to basic education has recently occupied the spotlight in the Western Cape Division of the High Court. In E qual Education & Others v Head of Department: Western Cape Education Department Others (7271/2024) ZAWCHC 557 the court thoroughly unpacked the ambit of the right to basic education enshrined in section 29 of our Constitution, as well as the extent to which the Head of Department: Western Cape Education Department (WCED) and other state departments have fulfilled their obligations created by this right. The matter was heard by three judges, with Mantame J and Dolamo J delivering the majority judgment and Moosa AJ dissenting, demonstrating the rigor and care with which the court grappled with these important issues.