Education Law is made complex by the number of stakeholders responsible for and affected by matters of education. HNM approaches this practice area with a deep understanding of the Constitutionally enshrined right to education, acknowledging the challenges faced by the education sector and the interests of parents and other stakeholders, such as educators, that are often overlooked.
HNM has provided general legal advice on education law, including on the South African Schools Act 84 of 1996 (SASA) and the enabling rights in the Constitution. The HNM team represented the Gauteng Department of Education (GDE) in litigation on language policy and school admissions, amongst other matters, and has conducted numerous investigations for GDE into contraventions of SASA, as well as the applicable rights contained in the Bill of Rights. We have specific experience conducting investigations into allegations of sexual harassment, negligence, educator misconduct, racism and discrimination, in the education sector.
In addition, we have advised and represented numerous independent schools, education-focused NGO’s, as well as the Independent Schools Association of Southern Africa (ISASA) and the Independent Examinations Board (IEB).