The Kenmont School and Another v Moodley and Others

The Kenmont School, a public school for learners with specific learning disabilities in Umlazi, excluded a learner (R), the son of D M, from re-admission for the 2010 school year based on an amended admissions policy and concerns about his behavioural problems. D M urgently approached the KwaZulu-Natal High Court seeking R’s reinstatement. The school and its governing body opposed the application, relying on a prior settlement agreement and the amended admissions policy adopted under the South African Schools Act. The High Court reviewed and set aside the school’s decision, finding that although the governing body had the power to amend its admissions policy, the policy was implemented in bad faith to exclude R without following a disciplinary process. By the time the matter reached the Supreme Court of Appeal, R had completed Grade 12 and matriculated, rendering the substantive dispute academic.

The appeal was dismissed with costs, the appellants being ordered jointly and severally to pay the costs of the appeal.

The case reaffirms and consolidates South African appellate jurisprudence on mootness and the application of s 21A(1) of the Supreme Court Act. It underscores the principle that appellate courts will not entertain appeals that have no practical effect, even where important issues might arise, unless there is a live controversy or a discrete issue of public importance requiring determination.