Member of the Executive Council, Department of Education, Eastern Cape v Komani School & Office Supplies CC, t/a Komani Stationers

Komani School & Office Suppliers CC supplied stationery to Mpendulo Public Primary School in January 2013 at the request of the school’s governing body and principal. The school failed to pay the purchase price. Komani Stationers obtained default judgment in the magistrates’ court against the school and its governing body. When Komani attempted to execute the judgment, the MEC for Education successfully brought interpleader proceedings, relying on s 58A(4) of the South African Schools Act, which prohibits attachment of public school assets. Komani then instituted proceedings against the MEC in the High Court, contending that in terms of s 60(1) of the Schools Act the State was liable for the unpaid contractual debt. The High Court upheld the claim. The MEC appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court’s order was set aside and replaced with an order dismissing Komani Stationers’ application with costs.

The case authoritatively clarifies the scope of State liability under s 60(1) of the South African Schools Act. It confirms that the State is not a guarantor of public schools’ contractual debts and that suppliers cannot rely on s 60(1) to recover unpaid contractual amounts merely because execution against school assets is barred. The judgment reinforces the distinction between claims for damages and claims for specific performance in South African public and education law.