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Journal Article

Contempt and Execution in Vindicating the Right to Education

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Ganesh,  Aravind
Department II, Max Planck Institute Luxembourg, Max Planck Society;

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Citation

Ganesh, A. (2014). Contempt and Execution in Vindicating the Right to Education. Southern African Public Law, 29(1), 19-36.


Cite as: https://hdl.handle.net/11858/00-001M-0000-0029-6F33-6
Abstract
Government non-compliance with court orders is an endemic problem in South Africa to such an extent that lawyers seeking to vindicate the constitutional right to education must prepare for this in designing their litigation strategies. This note describes the experience of the Legal Resources Centre in dealing with repeated government non-compliance during the course of recent litigation that sought to ensure the provisioning of educator and non-educator posts in the Eastern Cape between 2012 and 2013. More broadly, however, it explores the two main tools at the disposal of litigants in such instances - the law of contempt, and execution pursuant to the State Liability Act 20 of 1957. The note concludes that contempt remedies are of limited use and instead, that execution against government property is much more likely both to provide the claimant with a meaningful remedy and to bestir dilatory officials into action.