SCHOOL S.O.S: IS YOUR CHILD’S FUTURE AT RISK?

January, 2026

By Leretha Legal (Pty) Ltd

What Every South African Parent Must Know Before the First Bell

The stakes of the 2025 academic year have never been higher. Whether you are holding the hand of a trembling Grade R learner, watching your teenager step into the high school “jungle”, or waving goodbye to a first-year student heading to varsity, the legal landscape in South Africa has shifted beneath your feet.

Recent landmark rulings have changed the rules of engagement. If you believe a school can simply “expel” your child for a single mistake, or that you can publicly “shame” a bully on a WhatsApp group without legal consequences, you may be exposing your family to serious legal risk.

1.THE VAPING VORTEX: Why Schools Cannot Simply Kick Your Child Out

In the landmark 2025 case of A.P N.O. v Oakdale Agricultural High School, the High Court sent shockwaves through the education sector. Two Grade 10 learners were caught vaping and were subsequently expelled from the school hostel by the School Governing Body (SGB). The Court declared the school’s actions invalid and unlawful.

The lesson:

A School Governing Body does not have the power to expel a learner. It may only recommend expulsion to the Head of the Provincial Education Department.

The warning:

If a school exceeds its administrative authority, you have the right to challenge the decision. The Court also confirmed that sanctions such as extended bans from sport or school activities may be reviewed if they are disproportionate.

2.THE “GOD IS NOT AIR” PRINCIPLE: Why Schools Are Not Always Liable

Many parents assume that if a child is injured on school grounds, the school is automatically at fault. A November 2024 judgment, M.A.M obo K.M v MEC for Education, clarified the legal duty of care.

The Court famously stated that teachers “are not God and are not air”, meaning they cannot be expected to be everywhere at once.

Your strategy:

To hold a school liable, you must prove that it failed to take reasonable steps to prevent foreseeable harm. Where proper supervision exists, accidents alone may not justify a successful claim.

3.VARSITIES AND COLLEGES: The ‘Adult’ Legal Trap

Once your child turns 18, they are legally an adult. This carries serious consequences. Laws such as the Cybercrimes Act and the Protection from Harassment Act are now being enforced rigorously.

Doxxing and online shaming:

In Pringle v Mailula (2024), the Supreme Court of Appeal reinstated a harassment order involving electronic communications. A university student who engages in online shaming could face a protection order that follows them into their professional life.

Administrative justice:

Universities are bound by the Promotion of Administrative Justice Act (PAJA). If your child is excluded without a fair hearing, the audi alteram partem rule applies, and they have a legal right to review that decision.

4.BULLYING AND THE 2025 ZERO-TOLERANCE SHIFT

The BELA Act (Basic Education Laws Amendment Act 32 of 2024), together with recent case law, has reinforced that parents and learners have a constitutional right to be heard in disciplinary proceedings.

In Centre for Child Law v SACE (2024), the Court ruled that disciplinary bodies must allow families to participate meaningfully before sanctions are imposed.

THE ULTIMATE 2026 ‘BACK TO SCHOOL’ DO’S AND DON’TS

Document every incident with dates, screenshots, and witnesses.
Demand sight of the school’s Code of Conduct and ensure alignment with the BELA Act (2024).
Request written records of all meetings with school authorities.
Monitor your child’s digital footprint. Under the Cybercrimes Act, group administrators may carry legal risk for shared content.

DON’T

Post about school disputes on social media. This is low-hanging fruit for defamation claims.
Confront another parent’s child directly, as this may constitute intimidation or harassment.
Escalate aggressively to lawyers at the outset. Exhaust internal remedies first to demonstrate good faith.
Withhold school fees as a form of protest. This is a contractual breach that weakens your legal position.

STUCK IN THE MIDDLE? WHAT TO DO WHEN YOU ARE UNSURE

Whether your child attends a private school (governed by contract) or a public school (governed by SASA and administrative law), uncertainty is common.

If an issue arises and you are unsure how to proceed, pause. Do not sign any admission of guilt or settlement under pressure. Formally request a 48-hour window of consultation to review school policies. If the school is private, examine the enrolment contract. If public, verify the latest Department of Basic Education guidelines.

Seeking a neutral legal opinion during this window ensures that your child’s best interests, a constitutional right, are properly protected.

A FINAL WORD TO THE CLASS OF 2026

To the learners: your desk is a place of possibility. To those returning, your experience is your strength. We wish each of you a year of academic growth and personal discovery.

To the parents: stand firm. Be brave in your advocacy, but dignified in your conduct. The law is a shield, not a sword. Use it wisely to protect the future you are building for your children. .

Newsletter Disclaimer: The views, opinions, and legal interpretations expressed herein are subject to change, as they may be influenced by new developments, amendments to the law, or judicial interpretations. While every effort is made to ensure the accuracy and relevance of the content at the time of publication, readers are advised to seek personalised legal counsel to address their specific circumstances.