AB and Another v Pridwin Preparatory School and Others (CCT294/18)
AB and Another v Pridwin Preparatory School and Others (CCT294/18) [2020] ZACC 12; 2020 (9) BCLR 1029 (CC); 2020 (5) SA 327 (CC) (17 June 2020)
The Constitutional Court held that independent schools providing basic education are subject to constitutional obligations not to diminish a child's right to basic education and must act in the best interests of the child. Clause 9.3 of the Parent Contract, which allowed Pridwin to terminate the contract unilaterally without affording a fair hearing, was declared unconstitutional, contrary to public policy, and unenforceable to the extent that it permits cancellation without fair procedure. The Court found that the best interests of the child and the right to basic education are directly impl…
Source excerpt
- Best Interests Of The Child
- Right To Basic Education
- Horizontal Application Of Bill Of Rights
- Contractual Termination In Education
- Procedural Fairness
- Children's Participation Rights