TAKING COUNSEL
Free Webinar
The Constitutional Constraints to Cancelling Private Schooling for a Child, 
A Legal Explanation of the Pridwin Constitutional Court Case
11:00 am
10th September 2020
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Cancelling a Private School
 Agreement -  the Pridwin ConCourt 
Judgment
10 Sept 2020            
11:00
Africa/Johannesburg
WHY SHOULD I ATTEND?
This webinar will look at the important implications of the Constitutional Court judgment of  AB and Another v Pridwin Preparatory School and Others (CCT294/18) [2020] ZACC 12 (17 June 2020) on the termination of parent agreements by private schools.
Questions tackled will include:
  1. Explaining the legal argument of the school versus that of the parents.
  2. What does basic education mean? Is there a cut off age or grade as alluded to in the dissenting judgment or in the Juma Musjid case? The Judge Theron judgment definition of basic education is stated in very broad terms, how should schools interpret this?
  3. Would the case have application on the termination of, for example, a contract with a parent of a grade 11 learner?
  4. What is the effect of the split judgments, is only the Judge Theron judgment binding? 
  5. What steps would a private school be expected to take before terminating a Parent agreement?
  6. Does the case apply to the termination of a contract by the school for failure to pay school fees?

The facts of the case take helicopter parenting to new heights, with the court stating:

"...the behaviour of the parents began.... as obsessive and disturbingly overbearing, burgeoned into a pattern of persistent and alarming harassment of Pridwin’s staff and culminated in several serious incidents that veered dangerously close to outright physical violence."  - Theron JA

The school dealt patiently with the parents and the notice period before the children were excluded from the school was generous, yet the Constitutional Court still found the school's action constitutionally unacceptable. Learn from the case on how to legally deal with the termination of parent contract.
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Host Presenter
Brett Bentley 

Brett has been an admitted attorney since 1994, which date also saw the establishment of Bentley Attorneys.

He also founded  Bentley Credit Control, a company specialising in call centre debt recovery and credit management.

He is a specialist attorney in credit law and debt recovery and presented the SA Law Society Legal Debt Recovery training seminar for attorneys from 2012 to 2019.

He has authored numerous legal articles and was awarded the Article of the year by an attorney in 2013 by De Rebus, the official SA Attorneys Journal. His articles have also been cited in court cases, including a Constitutional Court judgment.

He has done work for over 150 private and public schools across the country.
Advocate Alex Jeffrey SC
After 9 years as an Attorney, he became an advocate in 1988 and was honoured with the rank of senior counsel in 2008. 

He has served as an acting judge in the KwaZulu-Natal High Court on various occasions. 

He is also serves as:
Chairman of the Admissions Sub-Committee of the Bar Council of the Society of Advocates of KZN since 2009 to date. 

Invited member of Practice Affairs Committee of Legal Practice Council (KwaZulu-Natal) from July 2019 to date. 

Chairman of the Arbitration Foundation of SA (Durban Branch) since 1st July 2017 to date.

Significantly for this webinar he represented the Department of Education in the Constitutional Court case of Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others, which was quoted extensively in the Pridwin judgment.

Guest Presenter
Don't miss this free webinar from top legal minds on a very important topic for private schools, in which the highest court in country has set very exacting standards for the schools to comply with.

Contact details:  

0315023550 / christine@creditcontrol.co.za
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