Parents lose 'expulsion' battle with independent school
Two pupils have been effectively expelled from an independent Johannesburg school after the SCA dismissed an appeal by their parents to have the cancellation of their contracts with the school set aside, notes a TimesLIVE report. Over a period of time‚ from approximately October 2015 until 30 June 2016‚ various incidents allegedly took place involving the children’s father in relation to sporting events at Pridwin Preparatory School‚ and at other schools‚ which caused disruption.
The couple has an 11-year-old son doing grade six and a seven-year-old in grade two at the school‚ in Melrose‚ Johannesburg. In 2016‚ the parents’ contracts with the school were cancelled.
In one of the incidents‚ during a cricket game in November 2015‚ the father shouted at the umpire after his son – playing in the under-nine team – was given out leg before wicket. Shortly afterwards‚ when the children came off the field‚ he accosted the umpire with a cricket bat in his hand‚ saying: ‘You fat (expletive omitted)‚ you don’t respect parents.’
He then threatened to wait for him after the match and kill him.
When confronted by the principal‚ Selwyn Marx‚ about his behaviour‚ the father showed no sign of contrition‚ insisting instead that he would talk to umpires in any manner he chose‚ as they were not gods. The school then cancelled the two contracts between itself and the parents.
The parents applied to the Gauteng High Court (Johannesburg) for the cancellation of the contracts to be set aside, but failed.
In the majority judgment in the SCA‚ in which three other judges concurred‚ Judge Azhar Cachalia‚ said the parents sought to make a case that they ought to have been heard before the termination clauses were invoked.
‘There were no constitutional or other public policy grounds to justify this.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





