M S v Head of Department, Western Cape Education Department and Others (18775/2013)
M S v Head of Department, Western Cape Education Department and Others (18775/2013) [2016] ZAWCHC 119; [2016] 4 All SA 578 (WCC); 2017 (4) SA 465 (WCC) (15 September 2016)
The court found that the decision of the First Respondent dismissing the applicant's appeal was procedurally flawed due to an administrative error in notification, and thus should be reviewed and set aside. On the issue of parental liability, the court held that section 40(1) of SASA does not stipulate joint and several liability; accordingly, divorced or separated biological parents are jointly liable for school fees, not jointly and severally. The challenge to the constitutionality of Regulation 6(2) and the definition of 'combined annual gross income of parents' was rejected, as the regula…
Source excerpt
- School Fee Exemption
- Parental Liability
- Judicial Review
- Constitutional Right To Education
- Gender Equality
- Maintenance Obligations