Radasi v Bishop Bavin School and Another (39001/18) [2019] ZAGPJHC 141 (3 May 2019)

Radasi v Bishop Bavin School and Another (39001/18) [2019] ZAGPJHC 141 (3 May 2019)

The court found that the initial disciplinary hearing was procedurally irregular and failed to comply with the requirements of natural justice, as Ms N and her parents were not given sufficient information or opportunity to present evidence in her defence. This procedural defect tainted both the initial findings and the subsequent internal appeal, rendering the decisions invalid. However, the later disciplinary hearing on 10 September 2018 was found to be procedurally fair, as Ms N's father was ultimately given access to witness statements and had ample opportunity to defend Ms N. The application for review of the later hearing and its appeal was dismissed.

Citation
[2019] ZAGPJHC 141
Parties
Applicant: Dimakatso G. Radasi; Respondent: Bishop Bavin School; Respondent: Member of the Executive Council for Education in the Gauteng Province
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2019
Case Number
39001/18
Procedural Posture
Review Application / Final Judgment
Outcome
The initial disciplinary findings and sanctions against Ms N are reviewed and set aside. The subsequent disciplinary hearing and internal appeal stand. Each party to bear their own costs.
Judges
Wright
Legal Topics
Natural Justice, School Disciplinary Procedure, Internal Appeal, Review of Administrative Action
Administrative Law Civil Procedure Natural Justice School Disciplinary Procedure Internal Appeal Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Dimakatso G. Radasi

Applicant

Bishop Bavin School

Respondent

Member of the Executive Council for Education in the Gauteng Province

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the initial disciplinary hearing and the final written warning issued to Ms N were procedurally irregular and in breach of natural justice.
  2. 2 Whether the subsequent disciplinary hearing on 10 September 2018 and its internal appeal were unlawful due to alleged procedural unfairness.

Ratio Decidendi

The court found that the initial disciplinary hearing was procedurally irregular and failed to comply with the requirements of natural justice, as Ms N and her parents were not given sufficient information or opportunity to present evidence in her defence. This procedural defect tainted both the initial findings and the subsequent internal appeal, rendering the decisions invalid. However, the later disciplinary hearing on 10 September 2018 was found to be procedurally fair, as Ms N's father was ultimately given access to witness statements and had ample opportunity to defend Ms N. The application for review of the later hearing and its appeal was dismissed.

Court Disposition

The initial disciplinary findings and sanctions against Ms N are reviewed and set aside. The subsequent disciplinary hearing and internal appeal stand. Each party to bear their own costs.

Orders

  • The decisions of 25 March 2018 recording findings of guilty and imposing a sanction of expulsion from the boarding school are reviewed and set aside.
  • The decisions of 18 April 2018 upholding the findings of guilty and imposing a sanction of a final written warning are reviewed and set aside.