- Mar 26, 2010
Johannesburg - Legislation that bars attachment of property of public schools, even when owing thousands of rand due to losing litigation, has been challenged at the Constitutional Court.
Deverajh Moodley, a Durban dad who won several cases against Kenmont School in the Bluff, wants the legislation declared inconsistent with the constitution to recoup R577 409 that the school owes him for legal fees. Cost orders were awarded against the school when it lost in court.
The legal stand-off between Moodley and Kenmont dates to 2009, when the school attempted to exclude his son, Remano Moodley.
The school described the youngster as a difficult child.
Remano stayed in the school and matriculated in 2012, thanks to his dad’s victories in courts.
A warrant of execution was issued against Kenmont in July 2016. An amount of R386710 in the school’s bank account was attached, as well as a car and some furniture, but these were subsequently returned on advice of counsel that the school’s assets were exempted from attachment by the South African Schools Act (Sasa).
In papers to the Concourt, Moodley’s attorney, Viren Singh, said: "This was grossly unfair in a democratic society.
"A public school therefore is placed in an advantageous position in that it can litigate with impunity, and if unsuccessful, no execution against the assets of the public school is permitted, whereas any other litigant who unsuccessfully litigates is liable to have his/her assets attached to satisfy any cost orders that may be granted against them,” he said.
More at: https://www.iol.co.za/news/south-africa/gauteng/father-in-bid-to-have-school-property-attached-over-r570k-legal-bill-18649818