Bid to attach school's assets before top court
Legislation that prevents the attachment of the property of public schools will come under Constitutional Court scrutiny today, according to a report in The Mercury. Durban father Deverajh Moodley has brought an application to have a section of the Schools Act declared unconstitutional because it bars the attachment of public schools’ property.
Moodley won a long-running battle with the Kenmont School in Durban – the school attempted to exclude his son who is now an adult – and costs orders were granted against the school.
However, his attempts to attach school assets to satisfy the costs order have run into opposition with the school, its governing body, the KZN Education MEC and the national Department of Education arguing that section 58A(4) prevents the attachment of a public school’s assets ‘as the result of legal action’.
In a High Court judgment last year, section 58A(4) was ruled inconsistent with the Constitution, but the school and governing body, which are seeking leave to appeal the judgment, argue in papers before the Constitutional Court that the costs order should have been settled by the MEC and National Education Minister and there was no need to declare the section constitutionally invalid.
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