Charles Chinyama v Lorraine Bhebhe & Ors

HH 152-21

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Case Details

Court

Harare High Court

Date

6 April 2021

Citation

HH 152-21

Neutral Citation

[2021] ZWHH 152

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Education LawContract LawConstitutional Law

Keywords

School feesContract repudiationRight to educationSection 68C Education Act

Key Issues

{"issue_text":"Does section 68C of the Education Act prohibit exclusion of pupils when the contract of learnership has been terminated?","issue_type":"legal","dispositive":"yes","related_facts":"School terminated contract claiming repudiation"}
{"issue_text":"Does the constitutional right to education in section 75 apply to private schools?","issue_type":"constitutional","dispositive":"no","related_facts":"School is private institution"}
{"issue_text":"Did the school demand payment at black market exchange rates?","issue_type":"factual","dispositive":"no","related_facts":"Applicant's allegation vs school's denial"}

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background

Facts of the Case

Background

The applicant sought to compel a private school to reinstate his two children after their enrollment was terminated due to non-payment of school fees totaling USD 8,408. The school initially excluded the children for non-payment but later terminated the contract of learnership, claiming the applicant had repudiated the agreement.

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