Moodley v Kenmont School and Others

Mr Deverajh Moodley’s son, Remano, a learner with special needs, was subjected to disciplinary measures at Kenmont School, a public school, and was later effectively excluded through a change in the school’s admission policy. Litigation followed, resulting in costs orders in favour of Mr Moodley in the High Court and Supreme Court of Appeal. When Mr Moodley sought to execute the costs orders, the school relied on section 58A(4) of the South African Schools Act, which prohibits attachment of public school assets. The High Court declared section 58A(4) constitutionally invalid for preventing enforcement of court orders. The matter came before the Constitutional Court for confirmation of that declaration.

The declaration of constitutional invalidity of section 58A(4) of the South African Schools Act was not confirmed. The appeal by Kenmont School and its Governing Body was upheld in part. The High Court costs order against the school and governing body was set aside, but Kenmont School was ordered to pay Mr Moodley’s taxed Supreme Court of Appeal and High Court costs as specified.

The case clarifies the constitutional balance between enforcement of court orders and the protection of learners’ right to basic education. It confirms that public school assets enjoy special protection from attachment to prevent harm to children and the education system, distinguishing schools from other organs of state addressed in Nyathi. The judgment underscores the paramountcy of children’s best interests and the centrality of basic education in South African constitutional jurisprudence.