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South Africa Case Law

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Civil Procedure [2023] ZANWHC 137

Fields College v Rammutla and Another (CIV APP MG02/2022)

Fields College v Rammutla and Another (CIV APP MG02/2022) [2023] ZANWHC 137 (17 August 2023)

The High Court upheld an appeal over unpaid school fees, finding the parents had not provided requested exemption information and the school could sue.

  • School Fee Exemption
  • Liability For School Fees
  • Statutory Compliance
  • Appeal Procedure
  • School-fee-exemption
  • Unpaid-school-fees
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Administrative Law [2016] ZAWCHC 119

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…

  • School Fee Exemption
  • Parental Liability
  • Judicial Review
  • Constitutional Right To Education
  • Gender Equality
  • Maintenance Obligations
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Family And Children [2011] ZAGPJHC 184

F v F and Others (6172/2011)

F v F and Others (6172/2011) [2011] ZAGPJHC 184 (6 December 2011)

The High Court dismissed an application for school fee exemption because the applicant failed to disclose the parents’ income, which was essential to assess eligibility.

  • School Fee Exemption
  • Maintenance Order
  • Divorce Settlement
  • Onus Of Proof
  • School-fee-exemption
  • South-african-schools-act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.