Moabela and Another v Curro Holdings Ltd t/a Curro Academy Soshanguve and Others (39189/2021) [2021] ZAGPPHC 498 (12 August 2021)

Moabela and Another v Curro Holdings Ltd t/a Curro Academy Soshanguve and Others (39189/2021) [2021] ZAGPPHC 498 (12 August 2021)

The court found that the applicant had breached the Learner Admission Contract by failing to pay the required school fees. Curro, as a private school, was entitled under the contract to terminate the learner's enrolment after affording the applicant an opportunity to remedy the breach. The applicant's agreement with the Department of Military Veterans did not bind Curro, and the applicant remained personally liable for the fees. The right to education, while fundamental, does not require a private school to continue providing education where the parent has defaulted on payment. The applicant failed to demonstrate any unlawful conduct by Curro or that the learner was deprived of the right...

Citation
[2021] ZAGPPHC 498
Parties
Applicant: Lesetja Jacob Moabela; Applicant: Puseletso Ruth Moabelo; Respondent: Curro Holdings Ltd t/a Curro Academy Soshanguve; Respondent: Mr Philmick Mohale; Respondent: MEC for the Department of Education, Gauteng Province
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 August 2021
Case Number
39189/2021
Procedural Posture
Urgent Application / Application for Urgent Relief
Outcome
Application dismissed. No order as to costs.
Judges
Basson
Legal Topics
Contract Breach, Right to Education, Urgent Interdict, Private School Fees
Civil Procedure Commercial and Corporate Constitutional Law Contract Breach Right to Education Urgent Interdict Private School Fees

Case Brief

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Parties

Lesetja Jacob Moabela

Applicant

Puseletso Ruth Moabelo

Applicant

Curro Holdings Ltd t/a Curro Academy Soshanguve

Respondent

Mr Philmick Mohale

Respondent

MEC for the Department of Education, Gauteng Province

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief

Legal Issues

  1. 1 Whether the exclusion of the learner from Curro Academy due to non-payment of school fees was lawful.
  2. 2 Whether the applicant is entitled to urgent relief compelling Curro to reinstate the learner despite breach of contract.
  3. 3 Whether the right to education obliges a private school to continue the contract despite non-payment.

Ratio Decidendi

The court found that the applicant had breached the Learner Admission Contract by failing to pay the required school fees. Curro, as a private school, was entitled under the contract to terminate the learner's enrolment after affording the applicant an opportunity to remedy the breach. The applicant's agreement with the Department of Military Veterans did not bind Curro, and the applicant remained personally liable for the fees. The right to education, while fundamental, does not require a private school to continue providing education where the parent has defaulted on payment. The applicant failed to demonstrate any unlawful conduct by Curro or that the learner was deprived of the right...

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application is dismissed.
  • No order is made as to costs.