The rights of parents regarding unpaid school fees
KELLY JADE REDDY
Education is a fundamental right in South Africa, enshrined in Section 29 of the Constitution, which guarantees the right to basic education for every child. However, financial challenges often make it difficult for parents to meet all school-related obligations, including paying school fees. This raises critical questions about the rights of parents and children when school fees remain unpaid, particularly whether schools can withhold a child’s academic report as leverage.
Obligations of parents and schools’ rights
In South Africa, schools are categorised as either public or independent (private) institutions, and the obligations of parents differ accordingly:
Public schools: Public schools are further divided into fee-paying and no-fee schools. For fee-paying public schools, parents are legally obligated to pay the fees agreed upon by the school governing body (SGB). However, parents who genuinely cannot afford these fees may apply for a partial or full exemption under the South African Schools Act, 1996 (SASA). Schools are required to inform parents of this right and provide the necessary application forms.
Independent schools/private schools: Independent schools operate under private contracts, meaning parents agree to pay fees as stipulated in the enrolment contract. In these cases, exemptions are not legally required, and schools can enforce the terms of the agreement, potentially leading to legal action for unpaid fees.
Can schools withhold academic reports?
The withholding of academic reports due to unpaid school fees is a contentious issue and largely depends on the type of school:
Public schools: The Department of Basic Education (DBE) has repeatedly emphasised that public schools are not allowed to withhold academic reports, certificates, or any other documentation as a means of enforcing payment of school fees. Doing so would infringe upon the child’s right to education and unfairly penalise the child for the financial challenges faced by their parents. The DBE's stance is supported by legal precedents, where courts have ruled against schools using such measures.
Independent schools/ private schools: Independent schools are governed by contract law, and their ability to withhold reports depends on the specific terms of the agreement between the school and the parents. However, many education experts and legal professionals argue that this practice may be deemed unethical, as it directly affects the child’s education.
Parental rights and recourse
Parents who are unable to pay school fees have several options:
– Fee exemptions at public schools: Parents should apply for exemptions. There are full exemptions where 100% of the fee is excluded in circumstances where the child is an orphan or receives a grant. A partial exemption is a reduction of fees in instances where there is a single parent household or any other reason. There must be evidence like bank statements and affidavits that may be required.
– Legal Aid and mediation: If disputes arise, parents can seek assistance from the department of education to engage in mediation to resolve conflicts with schools.
– Negotiation with independent schools: For private institutions, parents can negotiate payment plans or alternative arrangements directly with the school’s administration.
While parents have a responsibility to pay school fees where applicable, schools must balance financial sustainability with the constitutional right to education.
Public schools are explicitly prohibited from withholding academic reports due to unpaid fees, while independent schools may have more leeway under contract law but face ethical considerations.
Parents facing financial difficulties should actively engage with schools, seek exemptions or payment plans, and understand their legal rights to ensure their children’s education remains uninterrupted.
Reddy is a lawyer. She runs KJR Incorporated and offers advice and tips through her social media platforms such as Kelly.Attorney on TikTok.
** The views expressed do not necessarily reflect the views of IOL or Independent Media.