Willard Kanyasa v Peterhouse Boys High School and George Timothy Makings

Key Issues

• {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"The applicant filed the application on 5 July 2022 after being notified on 30 June 2022 that the hearing had proceeded"}
• {"issue_text":"Whether the applicant waived his rights by walking out of the disciplinary hearings","issue_type":"procedural","dispositive":"no","related_facts":"The applicant and his wife left the hearings after being told they were observers, not active participants"}
• {"issue_text":"Whether the application was premature as the disciplinary process was not complete","issue_type":"procedural","dispositive":"no","related_facts":"The second respondent had not yet issued recommendations or a final decision"}
• {"issue_text":"Whether the disciplinary hearing was conducted in accordance with the Disciplinary Code","issue_type":"law","dispositive":"yes","related_facts":"The school appointed an independent chairperson not provided for in the code"}
• {"issue_text":"Whether the applicant has established requirements for an interdict","issue_type":"law","dispositive":"yes","related_facts":"The applicant seeks to prevent expulsion pending court determination"}

Background