Centre for Child Law and Others v South African Council for Educators and Others (1289/2022) [2024] ZASCA 45

12th April 2024

Centre for Child Law and Others v South African Council for Educators and Others (1289/2022) [2024] ZASCA 45

Discipline of educators – Mandatory sanctions – Educators assaulting learners – SACE unlawfully fettered its statutory discretion by applying its mandatory sanctions policy as rigid set of rules that permitted no discretion – Impermissible for SACE to deny children and parents the opportunity to be heard on the question of appropriate sanctions – SACE committed material error of law by not considering rehabilitative and corrective sanctions – Promotion of Administrative Justice Act 3 of 2000.