The Constitutional Court has ruled that the sins of the father should not necessarily be laid upon the children, and found against an elite private school in Johannesburg that kicked two boys out over their father’s “unacceptable” behaviour. Justice Leona Theron delivered the ruling on Wednesday and found the school’s decision was unconstitutional “due to the failure to afford the [parents] an opportunity to be heard on the best interests of the boys”.
“In addition, the decision was unconstitutional as absent a fair process, it was self-evidently and objectively not in the best interests of [the boys] and, moreover, in violation of [the school’s] obligation not to interfere with the boys’ right to basic education, in the absence of any appropriate justification,” she said.
In their papers, however, the boys’ parents claimed their children had been forced to leave “the only school they had ever known”. Moreover, they charged, this was without so much as a hearing – “let alone a hearing on their best interests of the children”. But the court yesterday disagreed and found it was in the interests of justice for it to make a ruling.
Ultimately, the court found that Pridwin bore a ‘negative obligation’ in terms of the constitution “not to impede the rights to a basic education that the children enjoyed pursuant to their enrollment at Pridwin”.
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ConCourt to rule on rules of private schools in terminating parent contractsThe 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.
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