Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Hoeskool Martin Oosthuzen v April (CA&R 67/2019) [2020] ZANCHC 59 (3 July 2020)
The High Court upheld an appeal against refusal of default judgment and granted judgment for outstanding school fees, interest, and costs.
Hoerskool Martin Oosthuizen v April (CA & R 67/2019) [2020] ZANCHC 42 (15 June 2020)
The High Court upheld an appeal against refusal of default judgment for unpaid school fees and granted judgment for the outstanding balance, interest, and costs.
Doringkloof Primary School v Tshiguvho and Another (A383/2018) [2019] ZAGPPHC 171 (30 May 2019)
The High Court found that the Magistrates Court erred in refusing default judgment. The appellant's particulars of claim and supporting affidavit established that the agreement and statutory obligations arose within the district, satisfying jurisdictional requirements under section 28(1)(d) of the Magistrates' Court Act. The court distinguished Buys v Roodt, noting no facts suggested payment or performance occurred outside the district. The appellant was not required to plead the place of performance beyond the facts already alleged. Failure to comply with Rule 5(6) did not prejudice the resp…
Source excerpt
Head of Department Western Cape Education Department and Others v S (1209/2016) [2017] ZASCA 187; [2018] 1 All SA 640 (SCA); 2018 (2) SA 418 (SCA) (13 December 2017)
The Supreme Court of Appeal held that section 40(1) of the South African Schools Act imposes joint and several liability on biological parents for the payment of school fees at public fee-paying schools. However, the Act and Regulations must be interpreted and applied to ensure that single, separated, or divorced parents are able to apply for fee exemptions based on their own financial circumstances when the other parent refuses or fails to provide income information. The Regulations provide for conditional exemptions in such cases, and schools and governing bodies must process applications a…
Source excerpt
Tee v Collegiate High School for Girls (CA100/2016) [2016] ZAECGHC 127 (11 November 2016)
The court held that section 40 of the Schools Act does not create joint and several liability for school fees between parents; rather, liability is joint unless otherwise expressly stated. Therefore, both the appellant and her former husband should have been joined as co-defendants. The appellant's defence of lis alibi pendens was valid, as another action for the same debt was pending. The appellant provided sufficient material facts and documentary evidence to establish a bona fide defence regarding exemption from school fees. The Magistrate's Court erred in granting summary judgment without…
Source excerpt
C.F.N v K.G.N (14/29348) [2014] ZAGPPHC 588 (23 July 2014)
Interim Rule 43 relief regulated child care, contact, and maintenance pending divorce, with primary residence to the respondent and detailed financial orders.
Meeding v Hoer Tegniese Skool Sasolburg (A134/2011) [2012] ZAFSHC 137 (2 August 2012)
The Free State High Court dismissed an application for leave to appeal in a school-fees dispute, finding no reasonable prospect of success and ordering costs.
Pellissier v Pellissier (A564/2010) [2011] ZAWCHC 336 (25 July 2011)
High Court family appeal dismissed: the court upheld only a limited maintenance writ, found no basis to vary joint decision-making, and made no costs order.
T.S (born C) v R.J.S (EL 276/2010) [2010] ZAECGHC 69 (19 August 2010)
Rule 43 interim-relief application in a divorce matter involving a minor child, medical aid, school expenses, and costs. The court ordered joint caregiving and split certain financial responsibilities.
Bestuursraad van Laerskool Sentraal,Kakamas v Sersant van Kradenburg and Another (CA &R 52/07) [2008] ZANCHC 18 (4 April 2008)
The High Court held that a non-custodial biological father of an extramarital child is not a “parent” liable for school fees under section 40(1) of the Schools Act.
Explore more
