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Ann Skelton
Director Centre for Child Law
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Ann Skelton Sep 16
At Palais des Nations celebrating the 30 year anniversary of the CRC with amazing child rights activists who are calling for the vote and the saving of the planet.
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Ann Skelton 5 Mar 13
@ChildLawUP Constitutional Court Welkom High School case on learner pregnant policy
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Ann Skelton 1 Mar 13
Through its inaction the state is shepherding children to the gates of failure.
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Ann Skelton 1 Mar 13
The post provisioning case is about fundamental rt to education for E Cape kids
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Ann Skelton 16 Nov 12
Rivonia case over, Amici team rushing to airport, feeling that our submissions made a difference.@ChildLawUP
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Ann Skelton 16 Nov 12
Kemack now presenting the reply for the appellants. Court seems disinterested and warn him not to re-argue the case.@ChildLawUP
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Ann Skelton 16 Nov 12
Nugent J says amicus has been friendly and helpful but friendship has limits. In other words time's up!
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Ann Skelton 16 Nov 12
Court poses question: are you saying HOD exercised his discretion reasonably in this case? Budlender: No.
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Ann Skelton 16 Nov 12
Court proposes a declaration that the power to set aside decisions on a reasonable basis.@ChildLawUP
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Ann Skelton 16 Nov 12
Budlender's magic is working, the Court's demeanour has shifted.@ChildLawUP
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Ann Skelton 16 Nov 12
Budlender; if it is 30 children, and a new teacher needed, it would be unreasonable unless extra resources provided,@ChildLawUP
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Ann Skelton 16 Nov 12
Budlender adds that if it is 1 or 2 children the additional costs will be minimal and therefore not unreasonable.@ChildLawUP
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Ann Skelton 16 Nov 12
Budlender makes slight concession that the power to take extra children may go with a duty provide additional resources.@ChildLawUP
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Ann Skelton 16 Nov 12
Budlender: It depends on what is reasonable in the circumstances. If only a desk is required, it may be ok.@ChildLawUP
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Ann Skelton 16 Nov 12
Court asking that if HOD has the power, can it force the school to take child using its own resources? @ChildLawUP
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Ann Skelton 16 Nov 12
Budlender: If there is an appeal to MEC/HOD the s/he must decide on a reasonable basis. Court showing interest in this.@ChildLawUP
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Ann Skelton 16 Nov 12
Budlender; SGB mus exercise is discretion on the facts of each case.
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Ann Skelton 16 Nov 12
Budlender's argument is that SGB has discretion to set policy. @ChildLawUP
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Ann Skelton 16 Nov 12
Budlender: 1st argument is that MEC does have power to set aside a decision of the school.@ChildLawUP
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Ann Skelton 16 Nov 12
Budlender: we will focus on whether there is a power to override the SGBs power to determine capacity,@ChildLawUP
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