South Africa Case Law

Brink and Others v Diocesan School for Girls and Others (1072/2012)

Brink and Others v Diocesan School for Girls and Others (1072/2012) [2012] ZAECGHC 21 (1 May 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

1072/2012

Judge

J.M. Roberson

The court found that the disciplinary tribunal of the Diocesan School for Girls acted in accordance with the principles of natural justice and rationality. The tribunal provided the applicants with a fair hearing, considered all relevant evidence, and gave detailed reasons for its decision. The refusal to admit new evidence was justified, as the applicants had deliberately chosen not to present it at the initial hearing and failed to demonstrate its materiality. The court held that PAJA does not apply to disciplinary decisions of independent schools, as such bodies do not exercise public powe…

Source excerpt

• Natural Justice
• Disciplinary Procedure
• Review Of Private School Decisions
• Rationality
• Interim Interdict
• Expulsion Of Learner

Mose v Minister of Education in the Provincial Government of the Western Cape: Gabru (13018/08)

Mose v Minister of Education in the Provincial Government of the Western Cape: Gabru (13018/08) [2008] ZAWCHC 56; 2009 (2) SA 408 (C) (13 October 2008)

Court

Western Cape High Court, Cape Town

Case number

13018/08

Judge

Le Grange

High Court review of a learner’s expulsion for alleged dagga dealing was dismissed. The court found the school hearing fair, quorate, and the appeal validly dismissed.

• Promotion Of Administrative Justice Act
• School Discipline
• Procedural Fairness
• Expulsion Of Learner
• Natural Justice
• Quorum Requirements