The binding legal principles established are:
1. Section 58A(4) of the South African Schools Act 84 of 1996, which prohibits attachment of public school assets, constitutes a limitation of the rights to equality (section 9(1)) and dignity (section 10) of the Constitution, but this limitation is reasonable and justifiable under section 36(1) of the Constitution because it serves to protect the fundamental right to basic education (section 29(1)(a)) and the principle that a child's best interests are paramount (section 28(2)).
2. The prohibition on attachment of school assets does not render costs orders against public schools incompetent or prevent such orders from being granted. Section 58A(4) proscribes only the attachment of assets; it does not outlaw the grant of orders sounding in money, including costs orders, against public schools.
3. Public schools, as juristic persons under section 15 of the Schools Act with legal capacity to perform their functions, have full legal capacity to sue and be sued in their own name. This juristic personality carries its ordinary meaning and includes liability for adverse costs orders.
4. School governing bodies are empowered under section 37(6)(c) of the Schools Act to pay legal costs, including costs ordered to be paid to adversaries, from the school fund as this constitutes "performance of the functions of the governing body."
5. Section 60(1) of the Schools Act, which provides for state liability for delictual or contractual damage or loss arising from school activities, does not apply to costs orders arising from review proceedings challenging administrative decisions. Review proceedings are not "claims for damage or loss" as contemplated by section 60(1), as they target the administrative act itself rather than claiming damages.
6. Where a public school refuses to comply with a costs order, a court may issue a mandamus requiring governing body members, individually or collectively, to take all necessary steps to ensure payment. Contempt proceedings may then be instituted if the mandamus is not obeyed, notwithstanding the general common law rule that contempt proceedings cannot be used to enforce orders sounding in money.
7. Court orders are binding on all persons and organs of state to whom they apply (section 165(5)), and compliance with court orders is essential to upholding the rule of law. Non-compliance with court orders strikes at the very foundations of the rule of law and constitutional democracy.