Private schools in South Africa: Pay the bill for the child's best interests? Terms and conditions apply

In South Africa, the right to basic education is immediately realisable as set out in the Constitution and confirmed in the case of Governing Body of the Juma Musjid Primary School & Others v Essay NO & Others. Another contentious point recently seen being developed in courts is the role and duties of a private school. Private schools, unlike public schools, can suspend a student due to failure to pay their school fees. However, in the case of a private school, the question arises as to the constitutional and human rights duties of a private party to give effect to the right to basic education. In the case of AB & Another v Pridwin Preparatory School & Others the Court definitively pronounced that private schools have constitutional obligations to give effect to the right to basic education. However, much uncertainty remains on the effect this has on a private school's ability to suspend or expel a learner for failure to pay school fees.