Moodley v Kenmont School and Others (828/2010) [2012] ZAKZDHC 23 (30 March 2012)

Moodley v Kenmont School and Others (828/2010) [2012] ZAKZDHC 23 (30 March 2012)

The court found that the settlement agreement was not binding as it was unsigned, subject to further negotiation, and never made an order of court. The amended Admission Policy was not ultra vires, as the policy for ordinary public schools did not apply to schools for learners with special education needs. However, the implementation of the amended Admission Policy was done in bad faith and for the ulterior purpose of excluding the boy without a disciplinary hearing. The school’s decision to exclude the boy was not based on a fair process and was specifically targeted at him, violating the principles of administrative fairness under PAJA. The court reviewed and set aside the decision,...

Citation
[2012] ZAKZDHC 23
Parties
Applicant: Devarajh Moodley; Respondent: The Kenmont School; Respondent: The Kenmont School Governing Body; Respondent: Provincial Head of the Department of Education; Respondent: Members of the Executive Council; Respondent: Matsie Angelina Motshekga NO
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
30 March 2012
Case Number
828/2010
Procedural Posture
Review Application / Final Judgment After Opposed Application and Interim Orders
Outcome
Application granted. The decision of the First and Second Respondents not to re-admit or re-instate Remano Moodley to Kenmont School is reviewed and set aside. Costs awarded against First and Second Respondents jointly and severally, excluding costs before Ntshangase J in November 2010.
Judges
Mbatha
Legal Topics
School Admission Policy, Ultra Vires, Promotion of Administrative Justice Act, Disciplinary Procedure, Compromise and Settlement, Judicial Review
Administrative Law Civil Procedure Family and Children School Admission Policy Ultra Vires Promotion of Administrative Justice Act Disciplinary Procedure Compromise and Settlement +1 more

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Parties

Devarajh Moodley

Applicant

The Kenmont School

Respondent

The Kenmont School Governing Body

Respondent

Provincial Head of the Department of Education

Respondent

Members of the Executive Council

Respondent

Matsie Angelina Motshekga NO

Respondent

Procedural Posture

Review Application / Final Judgment After Opposed Application and Interim Orders

Legal Issues

  1. 1 Whether the dispute was compromised by a settlement agreement.
  2. 2 Whether the amended Admission Policy of the school is ultra vires the South African Schools Act and National Education Policy Act.
  3. 3 Whether the decision to exclude the learner from the school should be reviewed and set aside.

Ratio Decidendi

The court found that the settlement agreement was not binding as it was unsigned, subject to further negotiation, and never made an order of court. The amended Admission Policy was not ultra vires, as the policy for ordinary public schools did not apply to schools for learners with special education needs. However, the implementation of the amended Admission Policy was done in bad faith and for the ulterior purpose of excluding the boy without a disciplinary hearing. The school’s decision to exclude the boy was not based on a fair process and was specifically targeted at him, violating the principles of administrative fairness under PAJA. The court reviewed and set aside the decision,...

Court Disposition

Application granted. The decision of the First and Second Respondents not to re-admit or re-instate Remano Moodley to Kenmont School is reviewed and set aside. Costs awarded against First and Second Respondents jointly and severally, excluding costs before Ntshangase J in November 2010.

Orders

  • The decision/action of the First and Second Respondents not to re-admit or re-instate Remano Moodley to Kenmont School, Durban, is hereby reviewed and set aside.
  • The First and Second Respondents are directed to immediately admit and re-instate Remano Moodley to Kenmont School, Durban, with immediate effect.