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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2014-01-31
There can be little to beat the joy a parent experiences than to see their children succeed in life, be it whilst they are minors at school, or in a professional or personal level, when the children are adults. 

Almost all parents want to give their children the best opportunities in life, available to them. That is an innate human trait. Proud parents will (often to the embarrassment of their off spring) happily enthuse to all and sundry about their children's success and achievements. 

Our children's success is often considered a validation that the sacrifices made by parents and that the hard work it took raising them was, at the end of the day, worth it. 

What legal rights then do parents have if they believe that their minor children have been overlooked for any recognition or promotion at school or if they were not chosen, or worse, dropped from a sports team?  

The case of a father who took his son's school to court for failing to reinstate his then 17 year-old son into the first cricket team, came under the spotlight recently. 

The court found that the father failed to prove either that the school adopted an unfair procedure or that the school's decision, for the removal of his son from the first cricket team, was unfair. 

Judge Vahed quoted Lisa Endlich Hefferman on the matter of parents and children on the sporting fields, said. "Parents pace the sidelines, twitching at every kick or pitch or shot of the ball, shouting exhortations at their children and the team. In many cases it becomes clear that it is the parents who want to win. As parents we so identify with our kids that their success quickly becomes our own. ". 

The judge said that these comments captured the 'subliminal message' that was prevalent in the case, even though it was not expressly stated in the court papers. The court also found that there was no evidence of any racial prejudice, as alleged by the father. 

The Judge ruled that as there was no alleged violation of any of the child's constitutional rights, the court could therefore not intrude in the internal governance of the school. 

It accordingly dismissed the father's claim with costs. Know your rights! The Law Desk of Fawzia Khan & Associates. We know! We care! We deliver! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance.