The majority judgment found that the school, prior to terminating the contract, should have given the parents an opportunity to be heard on whether the decision was in the best interest of the children.
The court also found that there was no evidence that the rights of the children were given due consideration. The school should have used other measures to deal with the father’s conduct while respecting the rights of the children, the justices found.
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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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