Nine years after he sought justice for his son who was under threat of expulsion from his school, a Durban father is intent on changing the law. Times Select reports while he successfully litigated against The Kenmont School in the south of Durban, he said the school owes him more than R500 000 in legal costs.

But his attempts to get the money – by attempting to attach the school’s bank account and its bus – have been stymied because the Schools Act prohibits the attachment of assets of a public school as a result of legal action.

This month he secured a victory when KZN High Court (Durban) Judge Khosi Hadebe ruled that this was unconstitutional.

With the support of his attorney, Viren Singh, he has now filed papers in the Constitutional Court for this to be ratified.

‘It shields schools … In its present form it cannot be reasonable. It offends against the letter and spirit of the Constitution,’ Hadebe said of the provision in the Act.

‘It elevates organs of state above all other litigants and allows them to defy judicial authority.’

Hadebe noted that the father had two valid and lawful costs orders against the school and it appeared the school had the resources to pay. Instead it was hiding behind the Schools Act. She said the Department of Education and the Minister were also refusing to pay – and correctly so because they had not supported the litigation.

Full Times Select report