Riekert v Sutherland High School and Others (2803/17) [2017] ZAGPPHC 177 (12 May 2017)

Riekert v Sutherland High School and Others (2803/17) [2017] ZAGPPHC 177 (12 May 2017)

The court found that the applicant, having reached the age of majority, was not bound by the agreement his father concluded with the school regarding his transfer. The school failed to prove that the applicant acquiesced in the agreement. The disciplinary process required by the South African Schools Act had not resulted in a lawful expulsion, and the school could not rely on the agreement to refuse enrollment. The applicant demonstrated a prima facie right to be enrolled, had no satisfactory alternative remedy, and the balance of convenience favoured granting interim relief. The requirements for an interim interdict were satisfied. The court granted the relief sought by the applicant,...

Citation
[2017] ZAGPPHC 177
Parties
Applicant: Simon Riekert; Respondent: Sutherland High School; Respondent: The Minister of Education; Respondent: The MEC: Department of Education, Province of Gauteng; Respondent: The Director-General: Department of Basic Education Province of Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 May 2017
Case Number
2803/17
Procedural Posture
Urgent Application / Application for Interim Interdict
Outcome
Application granted. Interim interdict issued in favour of the applicant.
Judges
J W Louw
Legal Topics
School Expulsion, Interim Interdict, Public Policy, Parental Authority, Contra Bonos Mores
Administrative Law Civil Procedure School Expulsion Interim Interdict Public Policy Parental Authority Contra Bonos Mores

Case Brief

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Parties

Simon Riekert

Applicant

Sutherland High School

Respondent

The Minister of Education

Respondent

The MEC: Department of Education, Province of Gauteng

Respondent

The Director-General: Department of Basic Education Province of Gauteng

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict

Legal Issues

  1. 1 Whether the applicant is bound by an agreement concluded by his father with the school regarding his transfer.
  2. 2 Whether the school lawfully refused to enroll the applicant for Grade 12 based on the agreement.
  3. 3 Whether the requirements for an interim interdict are satisfied.

Ratio Decidendi

The court found that the applicant, having reached the age of majority, was not bound by the agreement his father concluded with the school regarding his transfer. The school failed to prove that the applicant acquiesced in the agreement. The disciplinary process required by the South African Schools Act had not resulted in a lawful expulsion, and the school could not rely on the agreement to refuse enrollment. The applicant demonstrated a prima facie right to be enrolled, had no satisfactory alternative remedy, and the balance of convenience favoured granting interim relief. The requirements for an interim interdict were satisfied. The court granted the relief sought by the applicant,...

Court Disposition

Application granted. Interim interdict issued in favour of the applicant.

Orders

  • An order is granted in terms of prayers 1, 2, 3, 4, 5, 6 and 7 of the notice of motion.
  • The first respondent is ordered to pay the applicant's costs of the application.