Events at the elite KwaZulu-Natal private school Michaelhouse about two years ago, which led to one of the learners being expelled, is so highly secretive that the case file relating to the matter, will firmly remain under lock and key in the office of the Registrar of the Court.
“In this case, minor children are involved. The parties agree that the children should be afforded protection.
“The evidence on which he (the expelled learner) was found guilty, involved highly sensitive issues implicating several minor children, and discloses events that seriously infringe the physical integrity, dignity and privacy of the minor children,” Acting Judge M Notyesi said.
The ruling by the Pietermaritzburg High Court followed an application by the parents of the expelled learner for a review of the school’s decision to boot out their son.
They were earlier granted an interim order that their names may not be made public, so as to safeguard the identity of their son and others who were involved in the highly secretive events which unfolded at the school.
It was also earlier ruled that the names of the learners which appear in the application and any annexure to the affidavits may not be disclosed and that pseudonyms should be used when referring to them during the court proceedings.
The school now argued that this was not enough protection and said the entire court file should be declared confidential.
In October 2022, an advocate who investigated the incidents at the school, ruled that the applicants’ son, a now former learner at the school, be expelled from school. His ruling followed a finding that the son was guilty of certain serious acts of misconduct.
The charges involved highly sensitive issues, implicating several children, and disclosed events that would seriously infringe the physical integrity, dignity and privacy of the minor children, either as perpetrators or as complainants, the court noted.
Asking that the court file be kept under wraps, the school argued that there is a risk of revealing the children’s identities if the file was accessible to all.
The judge said our courts have consistently confirmed the importance of open court hearings, but the principle of open justice has its limits.
“This court is acutely aware that the principle of ‘open courts’ dates back centuries ago and it has been incorporated into our Constitution.”
But, he remarked, there are certain limits to this.
The parents argued that the Constitution served to protect the identity of minors but it did not extend to the school, the school management or administration, nor to the activities at the school.
The contention was that the public is entitled to know the activities at the school or the conduct of the school.
It was submitted by the school that the rights and interests of the children will be undermined if the file is not kept confidential.
Judge Notyesi said the misconduct in this review application involves children, both as perpetrators and as complainants, and events of a highly sensitive nature.
“I do not doubt that in these circumstances, the rights and interests of the minor children would be compromised if the file is open to the public and not kept confidential.
“I am aware that the contents of the court file may easily be accessed and once that happens, the risk of disclosing the identities of the children is very high.”
The judge said he had no doubt that the incident that had occurred at the school is already known among the school community.
The evidence is that members of the school are very close and that intensifies the risk of the identities of the minor children being disclosed.
“I have also considered the fact that other children are involved in the matter and that they have not been afforded a hearing in circumstances where there is a real risk that their privacy, dignity and physical integrity would be compromised,” the judge said in ruling that the court file must remain under wraps at this stage.
“I can safely say that the dignity and privacy of the children are likely to be adversely affected if the matter is not carefully handled,” the judge said.
In a statement, Michaelhouse said: "The order declaring the court file confidential will protect all learners implicated in the allegations, including the complainants. "This is in line with well-established principles endorsing the protection of the identities of minor children involved in legal proceedings. The School has followed its disciplinary processes and will continue to follow due legal process as the case progresses."
Pretoria News