ConCourt ruling hailed over pupils' rights when private schools cancel contracts

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The Centre for Child Law has hailed a Constitutional Court judgment that found private schools may not impair children’s right to basic education.CapeTimesSA

Cape Town – The Centre for Child Law has hailed a Constitutional Court judgment that found private schools may not impair children’s right to basic education.

The matter before the court relates to two children who found themselves in the middle of a conflict between independent school Pridwin Preparatory School and their father when the school excluded the children due to problematic behaviour of their father. The school cancelled the contract and the children had to leave the school at the end of the 2016 academic year. Court action soon followed, with the father launching an application asking the South Gauteng High Court to declare the decision to cancel the contract unconstitutional, unlawful and invalid.

"This included providing the children with an opportunity to make representations on the effect the termination of the contract would have on them,” the centre said.

 

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