S. J. W. (in his capacity as legal guardian of minor child R. S. W) & H. C. W. (in her capacity as legal guardian of minor child C. R. H. M) v Louise Morrisby & Carl Stuart Lapham & St. Christophers School & Trustees For The Time Being Of St. Christophers School Trust & Board Of Governors Of St. Christophers School

SC 22/23

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Case Details

Court

Supreme Court

Date

23 March 2023

Citation

SC 22/23

Neutral Citation

[2023] ZWSC 22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Mathonsi JA

Full Bench

Gwaunza DCJMathonsi JAChitakunye JA

Areas of Law

Administrative lawEducation lawReview proceedings

Keywords

Disciplinary processDomestic tribunalNatural justiceSchool enrollmentInvestigative proceedings

Key Issues

{"issue_text":"Whether there were disciplinary proceedings conducted by the school capable of review","issue_type":"mixed","dispositive":"yes","related_facts":"School conducted investigations and decided not to enroll children"}
{"issue_text":"Whether the court a quo erred in finding there was a guilty verdict","issue_type":"law","dispositive":"yes","related_facts":"Court a quo found guilty verdict in email of 9 November 2021"}
{"issue_text":"Whether constitutional arguments could be raised for first time on appeal","issue_type":"procedural","dispositive":"no","related_facts":"Constitutional arguments not raised in court a quo"}

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background

Facts of the Case

Background

The appellants, as guardians of minor children, sought review of a school's decision not to enroll their children for Lower Sixth Form following allegations that the children had made threatening statements. The school conducted investigations but no formal disciplinary hearing was held.

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