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Botha v Western Cape MEC for Education and Others


The case arose when the Kobot Besigheld Trust sought to evict the Grootkraal UCC Primary School from their private land.  The farm school has occupied a small piece of the property for more than 80 years and currently accomodates 160 learners. The owners of the land wish to evict the school so that they may turn it into a game reserve. 


The applicants (Botha) argue that as the owner of the land they have the right to evict the school. The respondents (the Governing Body of Grootkraal and Grootkraal UCC Primary) argue that the Education MEC has not explored all the oppurtunities available to secure the tenure of Grootkraal, including expropriating the land under s58 of the South African Schools Act. 



EE's press release on the case

Carla GoldsteinBotha v Western Cape MEC for Education and Others