The High Court has ruled that private schools, unlike Government schools, can expel pupils for non-payment of fees and no one has a constitutional right to attend any private school.
An Advanced Level student at St Georges College and his father, had sued the school after the learning institution rejected the learner’s exam fees because of unpaid school fees.
Justice Phildah Muzofa threw out the application by Elvis Makomborero Chikiwa and his father Elvis Caleb Chikiwa saying it could not interfere with the school’s decision after his parents breached their contractual obligations.
The duo had sued the private college arguing that its conduct was in violation of their right to education and the Education Act. Justice Muzofa ruled:
What the second applicant (the boy’s father) wants is for this court to turn a blind eye to his conduct and come to his aid.
It is trite that a court cannot assist one who breached his contractual obligations.
… If the second applicant desired so much to remain part of the respondent’s school, he should have complied with the terms of an agreement between parties.
Justice Muzofa stated that by declining to accept the examination fees the college had technically expelled the boy.
Chikiwa was was due to write his Advanced Level Cambridge International Examinations in November this year.