JOHANNESBURG - EE said it was taking legal action against Basic Education Minister Angie Motshekga to compel her to put into practice basic "norms and standards" for all pupils in public schools.

"Motshekga's argument against implementing norms and standards is based on a misconception of the right to basic education," the group said in a statement.

She argued that the constitutional right to basic education had to take into account "socio-economic realities", budgetary constraints and limited resources, with standards improving progressively only over time.

"This argument is misconceived. The right is not subject to progressive realisation," EE said.

It said the department was "misguided" in arguing that the word "basic" referred to the quality of education, instead of the level of education.

Basic education spokesman Panyaza Lesufi said the department was "amazed" at EE's statement.

"We note their concern and [are] amazed at their statement as they choose the court to resolve the matter rather than constructively engage the minister," Lesufi said in a text message to Sapa.

The matter will be heard on November 20 in the Bhisho High Court.