ConCourt to rule on private schools terminating parent contracts
Johannesburg - The Constitutional Court will on Wednesday rule on the obligations and duties of independent schools in South Africa.
This comes after the Pridwin Preparatory School removed pupils from the independent school when it came into a dispute with the parents.
The school relied on a provision on the parents and schools contract, which allowed the school to terminate the contract “for any reason”.
Equal Education as friends of the court, said the ruling would not only affect elite private schools, but also had consequences for the rights of pupils who attended low-fee independent schools - which were on the rise in the country.
EE said open-ended contract termination clauses between parents and schools did not ensure the right of education of pupils was protected, which therefore did not ensure the pupils best interests were taken into account.
(1/2) Judgment Wednesday at 10h00: Does the Constitution require an independent school to follow a fair process and act with appropriate justification when terminating a parent contract? (AB and Another v Pridwin Preparatory School and Others)— Constitutional Court (@ConCourtSA) June 15, 2020
(2/2) Please note that attendance at this hand down will be limited to 20 members of the public, including the media. (AB and Another v Pridwin Preparatory School and Others)— Constitutional Court (@ConCourtSA) June 15, 2020
In 2017, the Gauteng High Court dismissed the parents case and the Supreme Court of Appeal (SCA) dismissed the parents’ appeal in 2018. The parents lodged an application for leave to appeal in the Constitutional Court.