File photo: Itumeleng English/African News Agency (ANA)
File photo: Itumeleng English/African News Agency (ANA)

ConCourt to rule on private schools terminating parent contracts

By IOL Reporter Time of article published Jun 16, 2020

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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.

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. 


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