| 2005 06 27 Western Cape Minister of Education & Others v Governing Body of Mikro Primary School & Another (SCA) |
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Section 29(2) of the Constitution – the right to receive education in an official language at a public educational institution if practicable – not a right to receive such education at each and every public educational institution – s 6(2) of South African Schools Act 1996 – determination of language policy of established ordinary public school the function of governing body – department of education has no power to determine such language policy – s 16(3) of the Act – head of provincial education department must exercise authority in regard to the professional management of a public school through the principal - s 41 of the Constitution – governing body of a public school does not operate within a sphere of government when determining the language policy of a public school. |