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Education Law

The Cybercrimes Act, 2020: Be aware of the personal data you hold

The incidence and variety of cybercrimes are proliferating year on year and will continue to do so faster than any legislature is able to promulgate laws that provide for the criminalisation, investigation and prosecution of those crimes. Against this backdrop, President Ramaphosa signed into law the Cybercrimes Act, 2020, on 26 May 2021. This is […]

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Lessons from the Rivonia Primary School Case: How Schools and Education Authorites can Ensure that their Admissions Decisions are Lawful

On 3 October, the Constitutional Court handed down its decision in the Rivonia Primary School case. The Court’s decision comes as a firm reminder to all public schools and education authorities to ensure that their learner admissions actions are lawful, reasonable and procedurally fair and are ultimately taken in the best interests of learners. Time and time

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Crafting School Policies that Work: How Schools can Ensure that their Policies stay within the Ambit of the Law

On 10 July 2013, the Constitutional Court ruled in Head of the Free State Education Department v Welkom High School, Harmony High School and Others. This case has a significant bearing on how policies of school governing bodies are developed and implemented. With government, civil society and school associations welcoming the Court’s decision for different

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