If
one considers Mhlongo v John Wesley School and Another, the Court
held that a school could not rely on any contractual agreement between
themselves and the parents as the exclusion or suspension provision was not
found in the contract in operation. The School had sought to suspend the
student for non-payment based on a policy document of the Independent Schools
Association of Southern Africa (“ISASA”), to which the school is a member of.
It
is evident from this Constitution and in this judgment, that the best interests
of the child are of utmost importance and therefore, the school has a duty not
to inhibit with a child’s right to education. An exclusion or suspension
policy MUST be a means of last resort and should a suspension
be followed; due process must be followed as set out in SASA and the case
itself. This included providing satisfactory warning prior to implementing the
policy and making an arrangement to settle outstanding fees.