Private schools in South Africa: Pay the bill for the child's best interests? Terms and conditions apply
Year: 2024
Type: article
Abstract: In South Africa, the right to basic education is immediately realisable as set out in the Constitution and confirmed in the case of Governing Body of the Juma Musjid Primary School & Others v Essay NO & Others. Another contentious point recently seen being developed in courts is the role and duties of a private school. Private schools, unlike public schools, can suspend a student due to failure to pay their school fees. However, in the case of a private school, the question arises as to the constitutional and human rights duties of a private party to give effect to the right to basic education. In the case of AB & Another v Pridwin Preparatory School & Others the Court definitively pronounced that private schools have constitutional obligations to give effect to the right to basic education. However, much uncertainty remains on the effect this has on a private school's ability to suspend or expel a learner for failure to pay school fees.
Source: African Human Rights Law Journal
Author: Samantha Smit
Institution: University of Johannesburg
Language: English
Topic: Legal Issues in South Africa
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4401794682