A warning to South African schools that conduct student disciplinary hearings
A recent High Court case has warned South African schools to be careful when disciplining students, as failing to follow proper procedures can make their actions unlawful.
Law firm Bowmans said the a recent High Court ruling shows that even when students clearly break school rules, discipline must still be fair, lawful, and focused on the student’s rights.
Bowmans described the case a cautionary tale for educators, school governing bodies (SGBs), and parents. “Robust discipline is essential in schools, but it must still comply with the law and be student-centred,” the firm said.
The case involved two Grade 10 students at a High School in Riversdale, Western Cape. Both were on scholarships and were caught vaping in August 2024—their second offence after a similar incident in 2023.
Following a disciplinary hearing, the school decided to expel them from the hostel. But this decision broke the law.
Bowmans explained that the South African Schools Act 84 of 1996 only allows an SGB to recommend expulsion to the Head of the Provincial Education Department.
“The power to expel rests with the Head of Department, not the school,” Bowmans said. By expelling the students directly, the school exceeded its authority and also denied the students their legal right to appeal to the Provincial Minister.
After realising its mistake, the school allowed the students to return in October 2024. However, the school then held a second disciplinary hearing for the same incident.
This time, the students weren’t expelled but were handed harsh punishments. Their scholarships were withdrawn, they were banned from sports and leadership roles, and they were excluded from events until mid-2025.
The students’ parents took the matter to the High Court and argued that both hearings were unlawful and unfair. The court agreed and set aside both disciplinary processes and all punishments.
According to Bowmans, the judgment made it clear that disciplinary actions by public schools count as “administrative actions” under the Promotion of Administrative Justice Act (PAJA).
This means schools must follow the law and ensure decisions are fair, reasonable, and procedurally correct.
Don’t ignore proper processes
The court found several key problems with how the school handled the case. First, the school did not follow the expulsion procedures required by the Schools Act.
The SGB had no power to expel the students on its own. “By failing to refer the matter to the Head of Department, the school acted unlawfully,” Bowmans said.
Second, the court said the school had acted functus officio, meaning it had already made and finalised its decision after the first hearing, and therefore could not reopen the case.
“Once a disciplinary decision has been made, a school cannot simply retry students unless a court has set aside the earlier ruling,” Bowmans explained. The court also ruled that the punishments from the second hearing were disproportionate.
While vaping was a serious offence under the school’s code of conduct, the penalties (including losing scholarships and being excluded from major activities for months) were too harsh.
The judge said these punishments were more likely to stigmatise the students than help them learn from their mistakes.
As a result, the court overturned both hearings and did not send the case back to the school for reconsideration, effectively closing the matter completely.
Bowmans said the ruling should make all schools rethink their disciplinary procedures. “This case shows that schools must follow the rules in the Schools Act and ensure fairness and proportionality when disciplining students,” the firm said.
The law firm advised schools to regularly review their disciplinary policies, train governing body members, and make sure punishments fit the misconduct. “Disciplinary measures should aim to correct behaviour, not simply punish,” Bowmans noted.
The key lesson is that maintaining discipline does not give schools the right to ignore proper process. “Schools can and should take firm action when students misbehave,” the firm said.
“But they must do so within the law, ensuring that discipline remains fair, lawful, and focused on the student’s development.”
Bowmans added that while discipline is crucial to maintaining order, it cannot come at the cost of students’ rights or fair process.
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