Father in bid to have school property attached over R570k legal bill

[schumi]

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-af...perty-attached-over-r570k-legal-bill-18649818

 

[Gordon_R]

Yes, life is unfair! He should have figured that out before spending huge amounts of money on lawyers in pursuit of a pointless case.

 

[Craig_]

Or maybe he should just have taught his little brat manners.

 

[tRoN]

People with more money than brains ...eish

 

[LazyLion]

Thanks for creating a precedent that Schools can't get rid of undisciplined brats!
That's just what this country needed.
Stupid moron.

 

[zizo911]

Thanks for creating a precedent that Schools can't get rid of undisciplined brats!
That's just what this country needed.
Stupid moron.

We had an incident last term where a boy physically abused a teacher and broke his specs in the process. He was back at school in the teachers class next week...

 

[ponder]

Yes, life is unfair! He should have figured that out before spending huge amounts of money on lawyers in pursuit of a pointless case.

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.

I have zero issues with that, that legislation is unjust. What I do have serious issues with is courts supporting these fscktards under the guise of human & constitutional rights. Being an absolute cnut is endorsed under the law and it's ok. The law no longer strives for a fair, moral and just society, it seems to tip in favour of the fsckups in life as of late and the good honest people that just try to get on with hard work, honesty and behaving towards the betterment of society get fscked over.

The world seems to have gone to schit. They should make greek, roman etc philosophy compulsory in school from a young age. Something like Meditations by Marcus Aurelius for example as compulsory reading might just benefit society as a whole

 

[RonSwanson]

I have zero issues with that, that legislation is unjust. What I do have serious issues with is courts supporting these fscktards under the guise of human & constitutional rights. Being an absolute cnut is endorsed under the law and it's ok. The law no longer strives for a fair, moral and just society, it seems to tip in favour of the fsckups in life as of late and the good honest people that just try to get on with hard work, honesty and behaving towards the betterment of society get fscked over.

The world seems to have gone to schit. They should make greek, roman etc philosophy compulsory in school from a young age. Something like Meditations by Marcus Aurelius for example as compulsory reading might just benefit society as a whole

Murderers will murder, Thieves will steal, robbers will rob and Lawyers will lie.

 

[Kosmik]

The school is correct, the state or department would have to pay. Otherwise the school may cease to function. Private school, differant matter.

 

[ForceFate]

I have zero issues with that, that legislation is unjust. What I do have serious issues with is courts supporting these fscktards under the guise of human & constitutional rights. Being an absolute cnut is endorsed under the law and it's ok. The law no longer strives for a fair, moral and just society, it seems to tip in favour of the fsckups in life as of late and the good honest people that just try to get on with hard work, honesty and behaving towards the betterment of society get fscked over.

The world seems to have gone to schit. They should make greek, roman etc philosophy compulsory in school from a young age. Something like Meditations by Marcus Aurelius for example as compulsory reading might just benefit society as a whole

Laws work for as long as people are willing to follow them.

 

[Gordon_R]

This case eventually made it to the Constitutional Court. The decision is a muted victory for both sides. The plaintiff cannot attach assets belonging to the school, but the school still has to pay his legal fees (somehow). See: https://www.dailymaverick.co.za/art...c-school-assets-found-constitutionally-valid/

 

[Techne]

I have zero issues with that, that legislation is unjust. What I do have serious issues with is courts supporting these fscktards under the guise of human & constitutional rights. Being an absolute cnut is endorsed under the law and it's ok. The law no longer strives for a fair, moral and just society, it seems to tip in favour of the fsckups in life as of late and the good honest people that just try to get on with hard work, honesty and behaving towards the betterment of society get fscked over.

The world seems to have gone to schit. They should make greek, roman etc philosophy compulsory in school from a young age. Something like Meditations by Marcus Aurelius for example as compulsory reading might just benefit society as a whole

Lol, always funny to see people sht on Western civilization and then scramble for toilet paper afterwards. Ignorance and lack of foresight. A boomer trait.

 

[Willie Trombone]

Or maybe he should just have taught his little brat manners.

I think we now know where he got it from.

 

[AdrianH]

I think we now know where he got it from.

His mom

 

[Gaz{M}]

Lol, always funny to see people sht on Western civilization and then scramble for toilet paper afterwards. Ignorance and lack of foresight. A boomer trait.

The school has no money. It is fee paying parents that end up paying for bad decisions by the school leadership. They should be personally liable for the money, not the school or other parents. Or the department of Education should pay.

 

[grok]

The school has no money. It is fee paying parents that end up paying for bad decisions by the school leadership. They should be personally liable for the money, not the school or other parents. Or the department of Education should pay.

Ah lack of accountability, that other boomer trait..