Procurement Adjudication and the Rights of Children: Freedom Stationery (Pty) Ltd v MEC for Education, Eastern Cape 2011 JOL 26927 (E)
DOI:
https://doi.org/10.17159/1727-3781/2012/v15i1a2469Keywords:
Children, children's rights, the right to education, the best interests of the child, public procurement, procurement adjudicationAbstract
Children are heavily reliant on the services provided by the government and irregularities in public procurement processes are bound to affect the realisation of children's rights. In the Freedom Stationery (Pty) Ltd v The Member of the Executive Council for Education, Eastern Cape the Court was urged by the Centre for Child Law acting as an amicus curiae to consider children's right to education and their best interests when deciding on an interim interdict which would result in a delay in the provision of stationery to several schools in the Eastern Cape. This case note contains a summary of the case, some comments on the court's approach to the rights of children in procurement adjudication, and an assessment of the significance of the case for the development of children's rights in South Africa.
Downloads
References
Bibliography
Alston 1994 IJLPF
Alston P "The best interests principle: Towards a reconciliation of culture and human rights" 1994 IJLPF 1-25
Couzens 2010 THRHR
Couzens M "The best interests of the child and its collective connotations in the South African law" 2010 THRHR 266-287
Davis "Education"
Davis D "Education" in Cheadle MH, Davis DM and Haysom NRL South African Constitutional Law: The Bill of Rights (LexisNexis online database, last updated March 2011-SI 10) 24-1
Freeman "Article 3"
Freeman M "Article 3: The Best Interests of the Child" in Alen A et al (eds) A Commentary on the United Nations Convention on the Rights of the Child (Martinus Nijhoff Leiden 2007)
Friedman, Pantazis and Skelton "Children's Rights"
Friedman A, Pantazis A and Skelton A "Children's Rights" in Woolman S, Roux T and Brickhill J (eds) Constitutional Law of South Africa 2nd ed (Juta Claremont 2009)
Liebenberg Socio-Economic Rights
Liebenberg S Socio-Economic Rights: Adjudication Under a Transformative Constitution (Juta Claremont 2010)
Parker 1994 IJLPF
Parker S "The best interests of the child – principles and problems" 1994 IJLPF 26-41
Skelton "Constitutional Protection of Children's Rights"
Skelton A "Constitutional Protection of Children's Rights" in Boezaart T (ed) Child Law in South Africa (Juta Claremont 2009)
Register of legislation
Child Justice Act 75 of 2008
Children's Act 38 of 2005
Constitution of the Republic of South Africa, 1996
Preferential Procurement Policy Framework Act 5 of 2000
Register of international documents
United Nations Convention on the Rights of the Child (1989)
Register of cases
Centre for Child Law v Minister of Home Affairs 2005 6 SA 50 (T)
Centre for Child Law v MEC for Education, Gauteng 2008 1 SA 223 (T)
DPP Transvaal v Minister for Justice and Constitutional Development CCT 36/08 [2009] ZACC 8
Fose v Minister of Safety and Security 1997 7 BCLR 851 (CC)
Freedom Stationery (Pty) Ltd v The Member of the Executive Council for Education, Eastern Cape 2011] JOL 26927 (E)
Hoffmann v South African Airways 2000 11 BCLR 1211 (CC)
Mazibuko v City of Johannesburg 2010 3 BCLR 239 (CC)
Minister for Welfare and Population Development v Fitzpatrick 2000 7 BCLR 713 (CC)
National Association of Welfare Organisations & Non-Governmental Organisations v MEC for Social Development, Free State 2010 JOL 26056 (FB)
S v M (Centre for Child Law as Amicus Curiae) 2008 3 SA 232 (CC)
Sonderup v Tondelli 2001 1 SA 1171 (CC)
Western Cape Minister of Education v Governing Body of Mikro Primary School 2005 10 BCLR 973 (SCA)
Register of internet sources
Committee on the Rights of the Child 1991 www2.ohchr.org
Committee of the Rights of the Child General Guidelines regarding the form and content of initial reports to be submitted by states parties under Article 44, Paragraph 1(a), of the Convention CRC/C/5 (1991) www2.ohchr.org/english/bodies/crc/docs/Guidelines_initial_reports_CRC.pdf [date of use 1 Nov 2011]
Published
Issue
Section
License
Copyright (c) 2017 Meda Couzens
This work is licensed under a Creative Commons Attribution 4.0 International License.
.png){kind=spacer}