The Supreme Court of Appeal ruled that the sanctions imposed by the South African Council for Educators (SACE) are set aside and must be remitted to SACE for reconsideration, and in particular, training on non-violent discipline.
Summary:
Administrative law – when does the clock begin to run under s 7(1)(b) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA), in the absence of reasons – held SACE unlawfully fettered its statutory discretion by applying its mandatory sanctions policy as a rigid set of rules that permitted no discretion – held that it was impermissible for SACE to deny the children and their
parents the opportunity to be heard on the question of appropriate sanctions – held that SACE committed a material error of law by not considering rehabilitative and corrective sanctions.
