Hoerskool Martin Oosthuizen v April (CA & R 67/2019) [2020] ZANCHC 42 (15 June 2020)
Court
Northern Cape High Court, Kimberley
Case number
CA & R 67/2019
Judges
Mamosebo, Mayet
The High Court upheld an appeal against refusal of default judgment for unpaid school fees and granted judgment for the outstanding balance, interest, and costs.
Tee v Collegiate High School for Girls (CA100/2016) [2016] ZAECGHC 127 (11 November 2016)
Court
Eastern Cape High Court, Grahamstown
Case number
CA 100/2016
Judges
S M Mbenenge, M Makaula
The court held that section 40 of the Schools Act does not create joint and several liability for school fees between parents; rather, liability is joint unless otherwise expressly stated. Therefore, both the appellant and her former husband should have been joined as co-defendants. The appellant's defence of lis alibi pendens was valid, as another action for the same debt was pending. The appellant provided sufficient material facts and documentary evidence to establish a bona fide defence regarding exemption from school fees. The Magistrate's Court erred in granting summary judgment without…