A.P NO and Others v Oakdale Agricultural High School and Others (25674/2024) [2025] ZAWCHC 411 (3 September 2025)

Case Note

Case Name: A P N.O. and Others v Oakdale Agricultural High School and Others
Citation: Case Number: 25674/2024
Date: Judgment delivered on 3 September 2025

Reportability

This case is reportable due to its implications for the procedural fairness of disciplinary proceedings in schools, particularly regarding the rights of learners and the authority of school governing bodies. The judgment addresses significant issues surrounding the legality of sanctions imposed on students for misconduct, specifically in the context of vaping, and the necessity for adherence to statutory requirements in disciplinary processes.

Cases Cited

• State Information Technology Agency SOC Ltd v Gijima Holdings (Pty) Ltd 2018 (2) SA 23 (CC)

Legislation Cited

• South African Schools Act 84 of 1996
• Tobacco Products and Electronic Delivery Systems Control Bill, 2022

Rules of Court Cited

• Promotion of Administrative Justice Act 3 of 2000 (PAJA)

HEADNOTE

Summary

The High Court reviewed disciplinary proceedings conducted by Oakdale Agricultural High School against two learners, L and M, for vaping. The court found the proceedings and sanctions imposed in August and October 2024 to be unlawful and invalid, primarily due to the governing body's failure to follow proper procedures and the disproportionate nature of the sanctions.

Key Issues

The key legal issues addressed include: - Whether the disciplinary decisions constituted administrative action under PAJA. - Whether the governing body became functus officio after the August 2024 proceedings. - The legality and proportionality of the sanctions imposed in both disciplinary hearings.

Held

The court held that the disciplinary proceedings and sanctions from both August and October 2024 were invalid and set aside. The matter was not remitted for reconsideration, and the respondents were ordered to pay the applicants' costs.

THE FACTS

L and M, learners at Oakdale Agricultural High School, were found in possession of a vape, which led to disciplinary proceedings in August 2024. They were sanctioned with permanent expulsion from the hostel, which was executed without proper referral to the Head of Department as required by law. Following a subsequent hearing in October 2024, further sanctions were imposed, which the applicants contended were unlawful and disproportionate.

THE ISSUES

The court had to decide whether the August 2024 proceedings were final and whether the governing body had the authority to re-prosecute the learners in October 2024. Additionally, the court examined the legality and proportionality of the sanctions imposed.

ANALYSIS

The court found that the August 2024 proceedings were final and that the governing body acted beyond its powers by imposing sanctions without referral to the Head of Department. The October 2024 proceedings were deemed unlawful as they constituted a re-hearing of the same incident, violating the principle of double jeopardy. The court emphasized the need for disciplinary measures to be lawful, fair, and proportionate, particularly in the context of the learners' rights and dignity.

REMEDY

The court declared both sets of disciplinary proceedings invalid and set aside the imposed sanctions without remitting the matter for reconsideration. The court emphasized that the learners had already suffered significant consequences from the unlawful sanctions, and further proceedings would not serve justice.

LEGAL PRINCIPLES

Key legal principles established include: - The necessity for school governing bodies to adhere to statutory procedures in disciplinary matters. - The principle of functus officio, which prevents a body from revisiting a matter once it has made a final decision. - The requirement for disciplinary sanctions to be proportionate and not excessively punitive, particularly in educational contexts.