Linkside v Minister of Basic Education (3844/2013) [2015] ZAECGHC 36 (26 January 2015) per Roberson J.

On 20 March 2014 the High Court certified a class action and 90 public schools opted in to the class proceedings.  There was an ongoing failure by the EC Department of Basic Education (the Department) to appoint educators in vacant posts at various public schools throughout the province, and the consequent violation of the right of the children at those schools to basic education as guaranteed by Section 29 of the Constitution.

On 17 December 2014 the High Court ordered various respondents to pay R81,445,339.99 to a Claims Administrator for  distribution to individual schools as members of the class.  Roberson J indicated that the order sought and granted was just and equitable as the Department failed to appoint educators in vacant substantive posts at the applicant schools.  The order assists the Department to fulfil its obligations and at the same time provides immediate and urgently needed relief to the schools and the affected children.