High Court judge Justice Nicholas Mathonsi ruled that it is unconstitutional not to release results over outstanding fees.
This comes after a pupil Prudence Moyo took Ihlathi High School in Bulawayo to court for refusing to release her Ordinary Level results. Justice Mathonsi referred the matter to the Constitutional Court (ConCourt). Through her lawyer Mr Bruce Masamvu of Dube-Tachiona and Tsvangirai Legal Practitioners, Prudence asked the court to refer the matter to the Constitutional Court for a constitutional declaration.
The school has since February 2016 been refusing to release the results demanding to be paid the outstanding fees. In his ruling Justice Mathonsi said the school’s actions were unlawful and an infringement on the applicant’s right to education in terms of section 75 (1) (a) as read with section 81(1) (f) of the constitution.