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South Africa decisions
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Hoerskool Piet Potgieter and Another v K obo K (6114/2018, HCAA11/2019) [2020] ZALMPPHC 66 (19 August 2020)
The High Court upheld an appeal, setting aside a harassment interdict and costs order where no new facts justified repeated relief and disclosure was inadequate.
G.R.P.S v Member of the Executive Council, Department of Education, Eastern Cape Province and Others (663/09) [2010] ZAECBHC 17 (2 November 2010)
The court found that the Head of Department breached the Schools Act by failing to respond timeously to the recommendation for expulsion, failing to consult effectively with the School Governing Body, and failing to impose a suitable sanction or remit the matter for an alternative sanction. The reasons provided by the HoD did not address the factual basis for the recommendation, and his approach demonstrated indifference to statutory obligations. While the constitutional rights of the child are important, they do not justify procedural and substantive breaches by the public administrator. The…
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Queens College Boys High School v MEC, Department of Education, Eastern Cape Government (454/08) [2008] ZAECHC 165 (21 October 2008)
The court found that the department's refusal to confirm the school's expulsion recommendations in respect of the last three incidents of serious misconduct was unlawful. The department failed to properly consider the school's legitimate concerns regarding discipline and the potential detrimental effect of not ordering expulsion in a worsening disciplinary environment. The department's delay, lack of engagement with the school, and failure to address rehabilitation procedures or the breakdown in discipline indicated a failure to apply its mind and to act reasonably. In relation to the dagga i…
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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)
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.
Tshona v Principal, Victoria Girls High School and Others (039/2006, 39/2006) [2006] ZAECHC 49; 2007 (5) SA 66 (E) (17 October 2006)
The court found that the order of 26 April 2006, granted by consent, set aside only the enforcement decision of 30 March 2006 and not the original suspended expulsion imposed on 14 March 2006. The disciplinary proceedings of 4 September 2006 were held to be procedurally and substantively fair, with adequate notice and opportunity for participation provided to the applicant and her parents, who failed to avail themselves of these opportunities. The applicant's allegations of fabrication and vendetta were rejected as reckless and unsupported by evidence. The applicant and her parents did not ex…
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D.A v Governing Body, The Settlers High School and Others (3791/00) [2002] ZAWCHC 4 (8 February 2002)
High Court review of a school disciplinary decision against a learner wearing Rastafarian dreadlocks and headgear. The sanction was set aside.
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