MR. AND MRS. MORGAN AND THE BOARD OF DIRECTORS OF THE GHANA INTERNATIONAL SCHOOL, ACCRA (RESPONDENT) MR. S.N.S. QUAO.GHANAIAN FEE-PAYING PARENTS OF GHANA INTERNATIONAL SCHOOL

Mr. and Mrs. Morgan challenged the Ghana International School's fee structure which required expatriates to pay higher admission and tuition fees than Ghanaians, while granting Ghanaians special privileges. The Morgans contended this was discriminatory based on place or ethnic origin, contrary to the 1992 Constitution. The School maintained a three-tier fee system and quota allocation favoring expatriates. Mr. S.N.S. Quao, representing Ghanaian fee-paying parents, applied for a review of the Commission's initial decision, arguing that discrimination based on nationality was not prohibited and that classification should be based on parents' legal status rather than the child’s.

On January 11, 2000 the Commission on Human Rights and Administrative Justice (the Commission) upheld the complaint of the Complainants, Mr. and Mrs. Morgan (The Morgans), that the Ghana International School's (the School) fee structure which, among other things, required expatriates to pay higher admission and tuition fees than Ghanaians but at the same time granted Ghanaians special privileges was discriminatory on the basis of place of origin or ethnic origin contrary to Article 17(1), (2) and (3) of the 1992 Constitution and that nationality is subsumed under the terms "place of origin" or "ethnic origin". The Commission directed that the School should adopt an alternative nondiscriminatory fee structure effective the beginning of the next school term, which does not violate the Constitution. In furtherance of this objective, the Commission recommended two alternatives: either a uniform fee structure supported by a bursary scheme or a differential fee structure based on the residen...