Private schools flirt with constitutional delinquency
Expulsion of pupils from these institutions is not simply a contractual matter — it is a violation of a child’s rights
At an elite private school in Melrose, Johannesburg, two pupils have found themselves effectively expelled following a series of run-ins between the school and their parents over the quality of cricket coaching. The pupils, who are of primary school age, are not accused of any sort of misconduct that could warrant expulsion. The school, Pridwin Preparatory, is relying on a clause in its contract with the parents that permits either party to terminate their relationship for any reason, and at a term’s notice. Fundamental to the school’s approach is the assumption that a private school may treat the provision of basic education as it would any other commercial agreement. It is for this reason that Equal Education (EE) seeks admission as amicus curiae (friend of the court) to the case brought by the parents to challenge the expulsion. Our interest does not lie with the whims of the affluent parent applicants. At stake for EE is whether the right of private schools to hold parents to th...
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