Exclusions from an independent school fall into the two broad areas of:

1. Exclusion on grounds of contravention of the rules contained in the school’s Code of Conduct.
2. Exclusion on the grounds that the contract between the parents and the school has been broken, usually because the parents have failed to pay fees.

Exclusion for contravening school rules

An independent school has the right to exclude learners who are in contravention of the rules as long as the school adheres to the “principle of procedurally fair practice or conduct”. The implications of this principle are that in matters of discipline in schools, the school must be sure that the person concerned has access to:

• Assistance if it is a parent, or an adult, if that person is a minor;
• Support from a colleague;
• A fair hearing;
• Adequate notice of the intention of the school;
• Right of appeal.

Exclusion for non-payment of fees

A school may also exclude a learner when fees are not paid, because the parents have broken the legal contract to pay fees. Best practice dictates that adequate warning must be given, especially before year-end exams.

The state is obligated to provide compulsory education for citizens of the country. Parents are required by law to send their children to school from grade 1 to 9, or 7-15 years of age. Parents may choose to educate their child at an independent school, but the independent school does not carry the constitutional obligation to provide education during the compulsory period. The education provided by the independent school is governed by a contractual relationship contained in the signed contract, not a constitutional obligation.