EDUCATION LAW

What is an Independent Trust School?

The Education Act [Chapter 25:04] (“the Act”) unfortunately does not define the term Independent Trust School. It merely categories schools, that is pre-school, primary school or secondary school as either being Government Schools or Non – Government Schools.

An independent school is a non-profit school which is generally run by a registered Educational Trust or a Board of Governors. The courts have had occasion to deal with cases to do with independent trust schools which include but are not limited to:

  • St George’s College Parent Teachers Association v Minister of Education & Others 2004 (1) 417 (H);

  • Mazibuko v The Board of Governors, Christian Brothers College & Others SC 54-17; and

  • SJW v Morrisby & Others SC 22-23.

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