F v F and Others (6172/2011) [2011] ZAGPJHC 184 (6 December 2011)

F v F and Others (6172/2011) [2011] ZAGPJHC 184 (6 December 2011)

The applicant failed to provide the necessary financial information, specifically his and the first respondent's annual gross income, which is essential to determine eligibility for exemption or reduction of school fees under the South African Schools Act and its regulations. Without this information, the court could not assess whether the applicant qualified for any relief. The applicant bore the onus of proof and did not discharge it. Consequently, the application was dismissed with costs.

Citation
[2011] ZAGPJHC 184
Parties
Applicant: B C F; Respondent: M F; Respondent: Pretoria Boys High School; Respondent: Rivonia Primary School
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 December 2011
Case Number
6172/2011
Procedural Posture
Civil Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
L M Hodes
Legal Topics
School Fee Exemption, Maintenance Order, Divorce Settlement, Onus of Proof
Family and Children Civil Procedure School Fee Exemption Maintenance Order Divorce Settlement Onus of Proof

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Parties

B C F

Applicant

M F

Respondent

Pretoria Boys High School

Respondent

Rivonia Primary School

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to exemption from payment of school fees for the minor children under the South African Schools Act and its regulations.
  2. 2 Whether the first respondent is obliged to complete exemption application forms for school fees.
  3. 3 Whether the applicant has discharged the onus of proving eligibility for exemption or reduction of school fees.

Ratio Decidendi

The applicant failed to provide the necessary financial information, specifically his and the first respondent's annual gross income, which is essential to determine eligibility for exemption or reduction of school fees under the South African Schools Act and its regulations. Without this information, the court could not assess whether the applicant qualified for any relief. The applicant bore the onus of proof and did not discharge it. Consequently, the application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.