A B v Pridwin Preparatory School

The appellants, parents of two minor children, concluded identical parent contracts with Pridwin Preparatory School, a private school, in 2011 and 2015 respectively. Over an eight-month period, the first appellant (AB) was involved in repeated altercations and persistent harassment of school staff. Relying on these incidents, the school principal cancelled the parent contracts on 30 June 2016. Although the school was entitled to cancel for breach, the principal instead invoked a termination-on-notice clause, which allowed either party to terminate the contract on reasonable notice and on any ground, in order to allow the parents time to secure alternative schooling for the children. The parents challenged the termination as unconstitutional, unlawful and invalid.

The appeal was dismissed with costs, including the costs of two counsel.

This case clarifies the constitutional obligations of private schools in South Africa, confirming that they are not bearers of the state’s duty to provide basic education and that their contractual decisions are generally not subject to administrative-law review. It also provides important guidance on the application of the best interests of the child principle in private contractual contexts.