South Africa Case Law

Hesewu and Another v School Governing Body, Sunningdale Primary School and Another (15908/2020)

Hesewu and Another v School Governing Body, Sunningdale Primary School and Another (15908/2020) [2021] ZAWCHC 212 (26 October 2021)

Court

Western Cape High Court, Cape Town

Case number

15908/2020

Judge

Binns-Ward

The court found that the admissions policy of Sunningdale Primary School, which gives preference to learners residing in Sunningdale and those with siblings at the school, is lawful, rational, and consistent with the Schools Act and constitutional principles. The governing body is empowered to determine admissions policy, including feeder zones, provided there is no unfair discrimination. The evidence did not support the applicants' allegations of indirect racial discrimination or exclusion, as admissions statistics showed significant integration and no material difference in the socio-econom…

Source excerpt

• School Admissions Policy
• Bill Of Rights Limitation
• Unfair Discrimination
• Judicial Review
• Public Interest Litigation

Kenmont School and Another v D M and Others (454/12)

Kenmont School and Another v D M and Others (454/12) [2013] ZASCA 79 (30 May 2013)

Court

Supreme Court of Appeal

Case number

454/12

Judges

Ponnan, Tshiqi, Plasket, Van der Merwe, Saldulker

The Supreme Court of Appeal dismissed an appeal as moot under section 21A because the learner had already matriculated, so no practical effect could follow.

• School Admissions Policy
• Ultra Vires
• Administrative Fairness
• Mootness
• Costs Award
• Appeals