Two Grade 10 pupils from Oakdale Agricultural School in Riversdale in the Western Cape have won a landmark court case against the school after the Western Cape High Court ruled that their punishment for vaping was excessive, unlawful, and humiliating.
The boys, identified only as *L and *M, are promising rugby players who have represented South Western Districts (SWD).
The pair were caught with vapes on two separate occasions – once in 2023, and again in August 2024.
They are both hostel residents and scholarship recipients at the boarding school.
Punishment Deemed ‘Disproportionate’
Following the second incident, the school’s governing body expelled the boys permanently from the hostel, despite both pupils admitting fault and already serving a prior six-week hostel suspension.
Attempts by the parents to appeal were dismissed.
In one case, *M’s father was told he had no right to appeal.
Legal teams argued that the decision was made without proper procedure – particularly, without being referred to the provincial head of department as required by law.
In court, it emerged that the school’s principal had acknowledged the penalty was harsher than any previously imposed, yet claimed that the governing body held the final authority.
Sanctions Expanded, Despite Legal Warnings
Despite warnings from the families’ legal representatives that the punishment would cause long-term harm to the boys’ education and well-being, the school escalated the disciplinary measures.
Even after the hostel expulsion was dropped in a second round of proceedings, the school imposed additional sanctions, including:
- Revocation of scholarships
- A ban from all leadership positions until matric
- Suspension from school sports, events, and extracurricular activities until mid-2025
By March 2025, the boys had been subjected to over 15 weeks of isolation from hostel life, sports, and school events.
Court Ruling: Punishment Set Aside
In her ruling, Judge Gayaat Da Silva Salie found that the school’s actions were not only procedurally flawed but inappropriately harsh.
She noted that the cumulative effect of the sanctions stripped the boys of core aspects of school life, far beyond what was reasonable for a school disciplinary matter.
She declared the disciplinary action invalid, setting aside all penalties imposed.
Implications for School Governance
The judgment highlights the need for schools to:
- Follow due process, especially when it comes to serious disciplinary actions
- Ensure proportionality in punishment
- Avoid punitive measures that could harm a learner’s future opportunities or mental health
This case may set a precedent for how disciplinary codes are interpreted and enforced in South African schools, particularly in boarding institutions and schools with sporting bursaries.
What would be an appropriate punishment – if any – in this instance?
Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1
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