A case about whether a Johannesburg private school can expel two boys (8) for the alleged misconduct of their parents has landed in the Constitutional Court. The Star reports the battle between Pridwin Preparatory School and AB and CB – as the parents are called in affidavits – will be heard in the apex court next month.

Pridwin moved to expel the boys in June 2016 following quarrels between the father and schools officials on the sports field. The father was accused of being verbally abusive at several sports matches involving the sons. The school maintained it had proved its case against him, hence it decided to cut ties with the family.

The matter has been to the High Court and the SCA.

The parents lost in both, with the SCA saying – in AB and Another v Pridwin Preparatory School and Others – their demand threatened contractual law. The parents want the court to rule that schools have no power to expel learners for their parents’ misconduct. Said the mother in her founding affidavit: ‘Is it constitutionally permissible for independent schools to expel children due to their parents’ alleged misconduct, without any prior hearing on the children’s best interests? The answer to this question not only affects our children but has the potential to affect the estimated 560 000 other children who attend independent schools across SA.’

She said it was common cause that her children were blameless. She said the school acknowledged that they were ‘model pupils’, adding Pridwin relied on a clause in the parent contract stating that the school can cancel it ‘at any time, for any reason’.

The parents want the court to rule on the constitutionality of this. In its papers, Pridwin denied that proper procedures were not followed before expelling the boys.

Full report in The Star

AB and Another v Pridwin Preparatory School and Others