The ruling in question refers to a 2016 incident when Pridwin Preparatory School in Melrose, Johannesburg, chose to terminate the schooling contract of two children because of their father’s behaviour, particularly during the children’s sporting events.
The father of the children had challenged the cancellation of the schooling contract, heading to the high court and supreme court unsuccessfully. The matter was finally appealed in the ConCourt, where the CCL was admitted as a friend of the court. In a statement, the CCL said it had argued that section 28 of the constitution, which provides for the right of children to have their best interests as a primary consideration, affords children a procedural right to a fair process or hearing.
“This argument is also supported by the United Nations Convention on the Rights of the Child. We also argued that as a provider of basic education, the school has an obligation not to infringe children’s right to education,” said the CCL. Press Release: The Centre for Child Law applauds ground breaking judgment of the Constitutional Court which found that independent schools have the obligation to not impair children's right to basic education.