Phillips v Manser and another (1999) 1 All SA 198 (SE)

Main Issue: Right to education

Findings: Applicant was suspended from attending school by the governing body pending a decision by the head of department whether or not he should be expelled from school and he challenged this arguing that he did not have a fair hearing, and that it violated his constitutional right to basic education. Court found that there was a fair hearing and there was no partiality and also that the right to basic education applies for children up to 15 years of age and applicant was 17. Court dismissed application. Court also considered if governing body is a juristic person or not.

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