ConCourt – Why treat e-toll differently?
SOUTH Africa’s highest court, the Constitutional Court, is the newsmaker of this week.
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On 3 October, the ConCourt upheld the Department of Education’s role to admit pupils in public schools.
The case stemmed from the 2010 refusal by Rivonia Primary School to admit a pupil to the school. At the time, the school claimed that it was full.
On 8 February 2011, Department of Education officials marched the child to the school and physically placed her in an empty desk.
In August 2012, the same court set aside an interim order that prevented the implementation of e-tolling in Gauteng, saying the order failed to consider the separation of powers of different arms of government.
The court said that notwithstanding any proof of unlawfulness, the power to implement policy resided in the exclusive domain of the government.
Also on 3 October, the ConCourt ruled that consensual sexual activities between adolescents was legal and ordered that the relevant legislation be amended accordingly.
But what is good for the Department of Education should be good for motorists as well.
Deciding on school admission and sexual acts among children and calling for amendment of the laws has an element of making decisions that affect the rules of the country. Should this not be left to the executive as well, like the court decided with e-tolling?
Moving on to sport, Bidvest Wits warms up the weekend by welcoming Golden Arrows to Bidvest Stadium in Milpark in the Telkom Knockout on Friday evening. Live on SS4 from 8pm.
The Castle Lager Rugby Championship title decider between the Springboks and the All Blacks on Saturday is a must-see. Live from 4pm on SS1.
The MTN Golden Lions take on DHL Western Province in round nine of the Absa Currie Cup. Coverage from 11.35am on SS1.
In another epic clash, Orlando Pirates welcomes Tunisian giants Esperance to Orlando Stadium in the first leg of the Caf Orange Champions League semi-finals. Coverage on SABC1 from 8pm.
Moroka Swallows is also in action against University of Pretoria at Volkswagen Dobsonville Stadium at 8.15pm, also on Saturday, while Kaizer Chiefs is away at Peter Mokaba Stadium to face new boys Polokwane City. Live on SS4 from 7.30pm.
Happy weekend Joburg.