M.P (Born K) v V.P (13323/2021) [2022] ZAGPJHC 30 (21 January 2022)

M.P (Born K) v V.P (13323/2021) [2022] ZAGPJHC 30 (21 January 2022)

The court found that the respondent had verbally undertaken to pay the arrear school fees to the college and that this undertaking was accepted by the applicant on behalf of the minor child. The respondent's subsequent attempt to renege on the promise was not justified, as the agreement was not conditional upon reconciliation and the minor child was not party to any such condition. The court emphasized the constitutional right of the child to education and the respondent's duty as a parent to ensure the child attends school. The respondent had previously taken steps consistent with maintaining the child's enrolment and had the financial means to pay at the time of the undertaking. The...

Citation
[2022] ZAGPJHC 30
Parties
Applicant: M.P (Born K); Respondent: V.P
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 January 2022
Case Number
13323/2021
Procedural Posture
Urgent Application / Final Determination of Urgent Application for Payment of School Fee Arrears
Outcome
Application granted. The respondent is ordered to pay the arrear school fees to the college.
Judges
M A Makume
Legal Topics
Maintenance Pendente Lite, School Fee Liability, Third Party Benefit Agreement
Family and Children Civil Procedure Maintenance Pendente Lite School Fee Liability Third Party Benefit Agreement

Case Brief

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Parties

M.P (Born K)

Applicant

V.P

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application for Payment of School Fee Arrears

Legal Issues

  1. 1 Whether the respondent is liable to pay the arrear school fees to the college to enable the minor child to register for the 2022 academic year.
  2. 2 Whether the respondent's verbal undertaking to pay the arrears is enforceable.
  3. 3 Whether the constitutional rights of the minor child to education are implicated.

Ratio Decidendi

The court found that the respondent had verbally undertaken to pay the arrear school fees to the college and that this undertaking was accepted by the applicant on behalf of the minor child. The respondent's subsequent attempt to renege on the promise was not justified, as the agreement was not conditional upon reconciliation and the minor child was not party to any such condition. The court emphasized the constitutional right of the child to education and the respondent's duty as a parent to ensure the child attends school. The respondent had previously taken steps consistent with maintaining the child's enrolment and had the financial means to pay at the time of the undertaking. The...

Court Disposition

Application granted. The respondent is ordered to pay the arrear school fees to the college.

Orders

  • The respondent is ordered to pay the sum of R54,776.00 to D[....] College to enable registration of the minor child for the 2022 academic year.
  • The balance of the prayers in the December 2021 Rule 43 application are postponed to a date to be allocated by the Registrar.