SECTION27

COURT VICTORY IN THE FIGHT FOR QUALITY EDUCATION

editor — Thu, 17 May 2012 13:30:52 +0000

JUDGE KOLLAPEN ORDERS DEPARTMENT OF BASIC EDUCATION AND LIMPOPO DEPARTMENT OF EDUCATION TO DELIVER TEXTBOOKS AND IMPLEMENT CATCH-UP PLAN

This morning, Judge Kollapen handed down judgment in the application launched by the Centre for Applied Legal Studies, acting on behalf of SECTION27, Hanyani Thomo Secondary School and Tondani Lydia Masiphephethu, for the delivery of textbooks to schools in Limpopo and the implementation of a catch-up plan for Grade 10 learners. Judge Kollapen held that the failure by the Department of Basic Education (“the DBE”) and the Limpopo Department of Education (“the Department”) to provide textbooks to learners throughout Limpopo for almost half of the academic year is a violation of the right to a basic education. He ordered the DBE and the Department to deliver textbooks to all schools in Limpopo by no later than 15 June 2012. He further ordered that a catch-up plan must be formulated and a copy lodged with the court and the applicants by 8 June 2012. The catch-up plan must identify gaps in curricula and the extent to which the quality of teaching and learning has been prejudiced by the lack of textbooks. The respondents are required to indicate what remedial measures will be put in place to address these problems. They are required to lodge monthly reports with the court and the applicants on their compliance with the catch-up plan, which must be concluded by the end of this academic year. There are approximately 1.7 million learners at over 5 000 schools in Limpopo who will benefit from the declaratory relief and the order requiring the urgent delivery of textbooks. In addition, Grade 10 learners throughout the Province will benefit from the catch-up plan, which will assist them in closing the gaps in their syllabi caused by the late delivery of textbooks. For further details please contact:

Nikki Stein (SECTION27) on (011) 356 4118 or stein@section27.org.za
Zeenat Sujee (CALS) on (011) 717 8607 or Read more...

JUDGEMENT IN TEXTBOOKS CASE TO BE HANDED DOWN ON 17 MAY 2012

editor — Wed, 16 May 2012 11:38:33 +0000

On 15 May 2012, the North Gauteng High Court heard an urgent application by SECTION27, Hanyani Thomo Secondary School and Tondani Lydia Masiphephethu relating to the failure by the Department of Basic Education (DBE) and the Limpopo Department of Education (Department) to procure and deliver textbooks for the first half of the academic year. The applicants were represented by the Centre for Applied Legal Studies (CALS). The applicants have requested an order directing the Department and the DBE to deliver textbooks to schools throughout Limpopo by no later than 31 May 2012 and to put in place a catch-up plan to ensure that the gaps in the learners’ syllabi arising from the lack of textbooks are closed as soon as possible through additional catch-up classes. The judgement in this matter will be handed down by Judge Kollapen at 09h00 on 17 May 2012 in court 2D at the North Gauteng High Court. Thereafter a joint press conference will be held by SECTION27 and the National Association of School Governing Bodies. For more information please contact Nikki Stein on 011 356 4118 or stein@section27.org.za Heads of argument final Read more...

HEARING OF URGENT APPLICATION FOR TEXTBOOKS IN LIMPOPO MOVED TO TUESDAY 15 MAY 2012, NORTH GAUTENG HIGH COURT

editor — Sat, 12 May 2012 12:06:31 +0000

On 4 May 2012 SECTION27 launched an urgent application against the Minister of Basic Education and the Limpopo Department of Education in relation to their failure FOR FIVE MONTHS THIS SCHOOL YEAR to procure and deliver textbooks for learners throughout Limpopo. The application was set down for hearing on 14 May 2012. However, despite indicating that they will oppose the application, neither the Department of Basic Education nor the Limpopo Department of Education has filed its answering affidavit. To allow the Respondents an opportunity to file answering affidavits, the hearing of the matter will now take place at 10h00 on Tuesday 15 May 2012 at the North Gauteng High Court. For more information please contact Nikki Stein on 082 528 7232 or Read more...

URGENT APPLICATION TO DEMAND TEXTBOOKS IN LIMPOPO SCHOOLS TO BE HEARD ON MONDAY 14 MAY 2012 IN THE NORTH GAUTENG HIGH COURT

editor — Fri, 11 May 2012 10:31:17 +0000

THE RIGHT TO A BASIC EDUCATION CANNOT BE ACHIEVED WITHOUT ESSENTIAL TEXTBOOKS!!

On 4 May 2012 SECTION27 launched an urgent application against the Minister of Basic Education and the Limpopo Department of Education in relation to their complete failure to procure and deliver textbooks for learners throughout Limpopo. Learners have gone without textbooks for five months this school year.

The fight for quality education continues: SECTION27 goes to court to demand textbooks in Limpopo schools

editor — Fri, 04 May 2012 11:59:28 +0000

4 May 2012 On 4 May 2012 SECTION27 launched an urgent application against the Minister of Basic Education and the Limpopo Department of Education in relation to their complete failure to procure and deliver textbooks for learners throughout Limpopo. The academic year is almost halfway gone—yet learners in Grades R, 1, 2, 3 and 10 still do not have any textbooks. Textbooks for these learners have not been ordered and there is still no indication as to when final orders for textbooks will be made. SECTION27 has repeatedly engaged with the provincial government and the national government on this issue, most recently with the Head of the Intervention Team. Again and again, these parties have promised to order textbooks, but they have not honoured those promises. SECTION27 therefore brings this application, together with a secondary school in Thomo Village and the parent of two primary school learners in Thohoyandou, for an order directing the Department of Basic Education and the Limpopo Department of Education:

To provide textbooks to learners throughout Limpopo who have been without textbooks since the commencement of the academic year; and
To put in place a “catch-up” plan to provide additional classes to learners until their lost curriculum is recovered.

The case will be heard on 14 May 2012 Please contact Nikki Stein with inquiries. By phone: 011 356 4118. By email: stein@section27.org.za Founding affidavit 1 Supporting affidavit Supplementary affidavit Bronwen Jill Wilson Thomas Final notice of motion

SECTION27 intervenes in Aventis v Cipla on behalf of TAC

editor — Fri, 04 May 2012 09:38:12 +0000

4 May 2012 The TAC National Council has resolved to seek admission in a legal dispute between the brand name drug company Aventis Pharma and the generic company Cipla, over a claim of patent infringement in respect of a drug that treats cancer called Docetaxel. SECTION27 is acting as attorneys for TAC. Attached is the briefing note that sets out the background to the legal dispute and explains why TAC is arguing that the Supreme Court of Appeal should consider the right of access to health care services when it considers this dispute. Also attached is TAC’s affidavit in the application to be admitted as amicus curiae. TAC has been admitted as amicus curiae by the Supreme Court of Appeal. The hearing is scheduled for 15 May 2012. Aventis/Cipla briefing note Aventis/Cipla signed court order and amicus curiae

Organisers of International AIDS Conference respond to Al Jazeera human rights violation

editor — Thu, 03 May 2012 11:17:37 +0000

2 May 2012 On 1 March 2012, SECTION27 wrote to the organisers of the international AIDS Conference concerning severe human rights violations against our client, MR, on the basis of his HIV status. MR was unfairly dismissed by Al Jazeera English online (Al Jazeera) and detained in prison and subsequently deported from the State of Qatar (Qatar) because of his HIV status. SECTION27 has been engaging with both Qatar and Al Jazeera. Our demands include MR’s reinstatement by Al Jazeera and a public acknowledgement of the violations of his rights. We have requested that Al Jazeera be banned from participating in any way in the International AIDS Conference 2012 should these demands not be met. We received a response from the International AIDS Society stating that they take discrimination on the basis of HIV status seriously. They have written to Al Jazeera regarding the issues that we have raised and will continue to follow up on this issue. It is hoped that the organising partners of the International AIDS Conference will join other South African and international organisations in standing up against discrimination on the basis of HIV status, and take steps to condemn the human rights violations against MR. Letter to AIDS Conference Organisers Letter to

SECTION27 and The Treatment Action Campaign Welcome the Minister’s Health Budget Vote

editor — Fri, 27 Apr 2012 13:18:44 +0000

The Treatment Action Campaign and SECTION27 Welcome the Minister’s Health Budget Vote. But More Needs to be Done to Deliver on the Right to Health. Announce and Implement Plans Urgently! Read the full statement by clicking "read more" below.

VICTIMS OF SCHOOL-BASED VIOLENCE AFFORDED PROTECTION UNDER DOMESTIC VIOLENCE ACT

editor — Mon, 16 Apr 2012 08:52:17 +0000

16 APRIL 2012

Protection to victims of domestic violence has been extended significantly by the granting of a protection order to a learner at a school in Gauteng against her teacher. Last week, a magistrate granted a final protection order to the learner who alleged that her teacher harassed, intimidated and physically and sexually abused her. The learner reported an alleged rape to the police late last year. The Gauteng Department of Education has placed the teacher on precautionary suspension. Since then, the teacher has attempted through harassment and intimidation to force the learner and her family not to pursue the case against him. The magistrate held that the definition of “domestic relationship” in the Domestic Violence Act extends beyond the traditional relationship between husband and wife or parent and child and includes a relationship between a teacher and a learner. He accepted SECTION27’s argument that a teacher assumes parental responsibility for learners at the school at which he teaches. This relationship constitutes a domestic relationship and therefore the victim of any domestic violence as defined in the Domestic Violence Act would be entitled to a protection order against the perpetrator of such domestic violence. This unprecedented decision is in keeping with the tenor and principles of the Domestic Violence Act, the Children's Act, the Constitution and the protection of children against violence in international law. This is an important step in bringing legal assistance and protection to the hundreds of learners who are sexually abused by their teachers in this country and allows them to defend their rights without fear of intimidation or harassment. The police, the Gauteng Department of Education and the South African Council for Educators are currently investigating the teacher concerned. For more information please contact:

Nikki Stein (SECTION27) on (011) 356 4118 or stein@section27.org.za
Jennifer Macleod (Lawyers Against Abuse) on 071 280 3521 or jennifer.anne.macleod@googlemail.com
Kristen Reddy / Louise Bick (Werksmans Attorneys) on (011) 535 8137 /
Read more...

High Court rules in favour of the Medicines Control Council, and reprimands the State Attorney

editor — Fri, 13 Apr 2012 13:26:08 +0000

On 15 November 2011, the North Gauteng High Court in Pretoria ruled in favour of the Medicines Control Council (MCC) and others in a matter concerning Adcock Ingram’s resistance to the MCC’s decision to cancel the registration of medicines containing dextropropoxyphene (DPP). The written judgment came down this year. While the ruling from the bench has been in effect since November 2011, the written judgment provides interesting insight into the importance of the ruling and the troubling conduct of the State Attorney, which led to the necessity of this challenge in the High Court. The MCC made the decision to cancel registration of medicines containing DPP in April 2011. The MCC came to the conclusion that the risks posed by such medicines outweigh their benefits. However, after the MCC’s decision, Adcock Ingram sought an order that entitled it to sell these dangerous medicines pending the administrative appeal against the MCC’s decision. The State Attorney, purporting to act on behalf of the applicants, entered into a settlement agreement with the respondents, despite the fact that the State Attorney had not been authorised to do so. Indeed, the State Attorney had been given explicit instructions not to settle the matter. The settlement agreement purported to allow Adcock Ingram to continue to sell medicines containing DPP, despite the serious health risks they pose. Judge Bertelsmann set aside the settlement agreement. Thus, medicines containing DPP cannot be sold in South Africa. The judgment rightly places the health and safety of the public over the pharmaceutical company’s profits. Judge Bertelsmann went on to express his dismay at the conduct of the State Attorney. He acknowledged that, under normal circumstances, Adcock Ingram would be required to pay the MCC’s legal fees. He declined to do so in this case because: “ … the court must in some manner express its dismay at the fact that the State Attorney and those instructed by him allowed this settlement agreement to be concluded, thereby causing the chain of unfortunate events that ended in this court today. This is not the place to expand upon this issue, other than to record that it is a most unfortunate occurrence that one hopes will never occur again. After all, the State Attorney is the custodian of public funds and is responsible for the representation of all our government institutions and organs of state. And they would be the first to agree that in this case, the professional standard they aspire to has not been met.” A full version of the judgment can be found here:MEDICINES CONTROL COUNCIL & OTHERS // ADCOCK INGRAM LTD & ANOTHER (CASE NUMBER: 57976/2011) The full press release of the case can be found Read more...