Independent schools must consider rights of pupils before expelling them: ConCourt

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The Constitutional Court has declared invalid and unconstitutional a decision by an independent school in Johannesburg to expel two siblings without considering their rights.

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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