Durban court rules against private school's policy
The Durban High Court has found a private Pinetown school's exclusion policy whereby pupils whose school fees are in arrears are not allowed to write their exams is unlawful and inconsistent with the constitution.
In 2016 the parents of a then 10-year-old boy at John Wesley Primary took the school to court seeking an order declaring the policy invalid. This after their own child was barred from writing his exams because they had fallen behind on his fees.
Judge Mokgere Masipa handed down her ruling this week.
Masipa said the best practice in respect of independent schools and the non-payment of school fees would be to engage in collection methods that do not impact on a child’s best interests. Where it is necessary to secure school fees after exhausting these mechanisms, she says schools should ensure this is done in a way which does not victimise or humiliate the child involved.
The South African Schools Act provides for an exclusion policy where it is reasonably applied.
The judge has said it does not provide for the punishing of a child because of his parents conduct and that refusing to allow a child to sit for his exams cannot be in accordance with the Act nor the constitution.