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Date(s) - 10/09/2020
11:00 am - 1:00 pm

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Taking Counsel

The Constitutional Constraints to Cancelling Private Schooling for a Child,

A Legal Explanation of the Pridwin Constitutional Court Case

What it is About

Bentley Attorneys presents this webinar aimed at private schools, with not one but two legal experts explaining this very important case for private schools to comply with when they terminate parent contracts.

The facts of the case take helicopter parenting to new heights, with the court stating:

“…the behaviour of the parents began…. as obsessive and disturbingly overbearing, burgeoned into a pattern of persistent and alarming harassment of Pridwin’s staff and culminated in several serious incidents that veered dangerously close to outright physical violence.”  – Theron JA

The school dealt patiently with the parents and the notice period before the children were excluded from the school was generous, yet the Constitutional Court still found the school’s action constitutionally unacceptable. Learn from the case on how to legally deal with the termination of parent contract.

Why you Should Attend

Important questions that will be tackled will include:

  • Explaining the legal argument of the school versus that of the parents.
  • What does basic education mean? Is there a cut off age or grade as alluded to in the dissenting judgment or in the Juma Musjid case? The Judge Theron judgment definition of basic education is stated in very broad terms, how should schools interpret this?
  • Would the case have application on the termination of, for example, a contract with a parent of a grade 11 learner?
  • What is the effect of the split judgments, is only the Judge Theron judgment binding?
  • What steps would a private school be expected to take before terminating a Parent agreement?
  • Does the case apply to the termination of a contract by the school for failure to pay school fees?


Host Presenter:

Brett Bentley who has been an admitted attorney since 1994, which date also saw the establishment of Bentley Attorneys. He also founded  Bentley Credit Control, a company specialising in call centre debt recovery and credit management. The Bentley Group act of behalf of over 150 schools countrywide.

Guest Presenter:

Advocate Alex Jeffrey SC is a senior advocate who has been in the legal profession since 1988 and has acted as a judge on various occasions in KwaZulu-Natal High Court. Significantly for this webinar he represented the Department of Education in the Constitutional Court case of Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others, which was quoted extensively in the Pridwin judgment.


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