AB and Another v Pridwin Preparatory School and Others (38670/2016) [2017] ZAGPJHC 186 (3 July 2017)

AB and Another v Pridwin Preparatory School and Others (38670/2016) [2017] ZAGPJHC 186 (3 July 2017)

The court held that Pridwin Preparatory School, as a wholly independent and unsubsidised private school, does not bear the constitutional obligation to provide basic education under section 29(1)(a) of the Constitution. The right to basic education is guaranteed by the State, not by private entities. The termination of the parent contracts did not infringe the children’s constitutional rights, as the school secured alternative placement for the children in public schools. Section 28(2) requires the best interests of the child to be considered, but does not override all other interests; Marx considered the interests of both the applicants’ children and the other children at the school....

Citation
[2017] ZAGPJHC 186
Parties
Applicant: AB; Applicant: CB; Respondent: Pridwin Preparatory School; Respondent: Selwyn Marx; Respondent: The Board of Pridwin Preparatory School; Respondent: The Member of the Executive Council for Education, Gauteng; Appellant: The Independent Schools Association of South Africa; Appellant: Equal Education
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 July 2017
Case Number
38670/2016
Procedural Posture
Civil Application / Final Judgment on Part B
Outcome
Application dismissed. The parent contracts were lawfully terminated. Children may remain at Pridwin until the end of the 2017 academic year. Costs awarded against applicants.
Judges
Clare Hartford
Legal Topics
Contract Termination, Best Interests of Child, Freedom of Association, Public Policy, Section 29 Right to Education, Natural Justice
Constitutional Law Family and Children Commercial and Corporate Contract Termination Best Interests of Child Freedom of Association Public Policy Section 29 Right to Education +1 more

Case Brief

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Parties

AB

Applicant

CB

Applicant

Pridwin Preparatory School

Respondent

Selwyn Marx

Respondent

The Board of Pridwin Preparatory School

Respondent

The Member of the Executive Council for Education, Gauteng

Respondent

The Independent Schools Association of South Africa

Appellant

Equal Education

Appellant

Procedural Posture

Civil Application / Final Judgment on Part B

Legal Issues

  1. 1 Whether the termination of the parent contracts by Pridwin Preparatory School infringed the children’s right to basic education under section 29(1)(a) of the Constitution.
  2. 2 Whether the termination breached the children’s rights under section 28(2) of the Constitution (best interests of the child).
  3. 3 Whether the applicants were entitled to a hearing or to make representations before termination under the contract or the Constitution.

Ratio Decidendi

The court held that Pridwin Preparatory School, as a wholly independent and unsubsidised private school, does not bear the constitutional obligation to provide basic education under section 29(1)(a) of the Constitution. The right to basic education is guaranteed by the State, not by private entities. The termination of the parent contracts did not infringe the children’s constitutional rights, as the school secured alternative placement for the children in public schools. Section 28(2) requires the best interests of the child to be considered, but does not override all other interests; Marx considered the interests of both the applicants’ children and the other children at the school....

Court Disposition

Application dismissed. The parent contracts were lawfully terminated. Children may remain at Pridwin until the end of the 2017 academic year. Costs awarded against applicants.

Orders

  • Part B of the application is dismissed.
  • Applicants must remove their two minor children from Pridwin Preparatory School at the end of the 2017 academic year and comply with all contractual obligations until then.