Judgment from Senyatsi J at the Johannesburg High Court. The applicant and respondent are involved in an ongoing acrimonious divorce and have a 7-year-old son together, S. This is an urgent application and counter-application regarding which school S should attend.
In the 2023 school year, S attended St Stithians. S started at Redhill in January 2024. The applicant had given his consent and had paid his share of the deposit, but subsequently withdrew his consent, purportedly on the basis of the expert reports, and argued that S should attend St Stithians. The respondent argued that it was always the parties’ intention to enrol S at Redhill and that St Stithians was a stepping stone until a place became available.
Senyatsi J held that the applicant’s sudden and unreasonable withdrawal of consent regarding S’s attendance at Redhill was not in his best interests. The application was dismissed with costs. The applicant was also ordered to pay the costs in the counter-application.
U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024)