South Africa- ConCourt Delivers Landmark Ruling In Private school Contracts case

The Constitutional Court in South Africa has declared it unconstitutional for a private school to terminate parents’ contracts without proper justification.

Independent schools will only be able to terminate contracts with parents with ‘appropriate justification’ and after following a fair process.

That was the ruling of the Constitutional Court on Wednesday following a dispute between the Pridwin Preparatory School in Johannesburg and the parents of two of its pupils.

The school had relied on a clause within the contract with learners’ parents allowing it to terminate the contract ‘for any reason’.

The school found the parents behaviour to be out of bounds and unreasonable…and the school terminated its contract with the parents, which had the effect of excluding the children from the school.