Schools ignore the law when enforcing payment of school fees

More accountability is needed

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Photo of school children
Schools must follow procedure before enforcing payment of school fees. Archive photo: Ashraf Hendricks

“The school sold my lounge suite, microwave and fridge… it’s now threatening to sell my house too”. The household items of the parent who phoned the Equal Education Law Centre earlier this year had just been confiscated by debt collectors seeking to settle a R25,000 outstanding payment for school fees.

When her child was admitted to the school, the parent ran a spaza shop and was making enough money to afford the payment of school fees. Her financial situation changed drastically after her store caught fire and she lost everything. From then on, as a single parent, she had no income other than the child support grant. For two years she could not afford to pay fees.

During this period, she received phone calls from the school demanding payment and threatening to attach her property. She was never told that she had the right to apply for a fee exemption, to which she would have been entitled.

Fearing that the child would be excluded, the parent did not inform the school about her changed financial situation. Towards the end of the year, the school made good its threats, attached some of her household items and sold them to settle her debt.

The legal framework

Schools do have a right to enforce school fees. Parents also have a right to apply for a fee exemption. For this reason, the South African School Act sets out the procedure which schools are obliged to follow before exercising their right to enforce payment of fees against defaulting parents.

Before taking action against a defaulting parent, a school must find out whether the parent qualifies for fee exemption. If so, the school must exempt the parent. Further, in order to take action against a defaulting parent, the school must have written proof that the parent was notified of his/her right to apply for a fee exemption and failed to do so. These provisions seek to harmonise and balance the competing rights of the school to enforce payment and of a parent to be exempted from payment of fees if he or she qualifies.

Lack of accountability

In the case of our client, due to lack of knowledge and the school’s failure to provide the relevant information, she had not applied for a fee exemption and was faced with having to hand over her home in order to ensure that her child had access to education.

This is not the only case of this sort which has been brought to the Equal Education Law Centre. Schools disregard the procedures set out in the Schools Act. In some cases, schools unlawfully threaten to withhold learner reports if parents do not sign an acknowledgement of debt for fees, even when they may be entitled to a fee exemption.

The schools’ continuous disregard of the procedures set out in law may be attributed to a lack of accountability. As it stands, the law does not require schools to account to provincial departments of Education about the enforcement of fees against defaulting parents. And the departments are not required to monitor the enforcement of fees against defaulting parents. Although provincial departments issue circulars from time to time to schools on fee exemptions, it is unclear whether follow ups are made by the departments to ascertain and ensure compliance with the procedure.

Unless parents can get legal assistance, it is unlikely that schools will be called to account for their failure to comply with legislation. As with our client, this problem disproportionately affects poor and uneducated parents who are sometimes not even aware of their right to fee exemption.

It may be necessary to introduce mechanisms requiring schools to report on their compliance or to consider penalties for non-compliance. Debt collectors also have a responsibility to ensure that the law is not disregarded.

Certain information in this article has been deliberately omitted for purposes of confidentiality.

Sipho Mzakwe is a first year Candidate Attorney at Equal Education Law Centre.

Views expressed are not necessarily those of GroundUp.

TOPICS:  Education

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Write a letter in response to this article


Dear Editor

I might be wrong but I don't think it is proper by law for schools to send defaulting parent's to debt collectors.

Any defaulting parent are not doing that deliberately but through financial constraints. I've got two kids, one at primary and the other at high school. For two years I could not pay their school fees. I work full time, with work related financial constraints such salary cuts for almost two years.

I only managed to pay their transport money to get to school. However, both these schools sent debt collectors without even consulting us. Don't give children their reports, a punishment to innocent children. I'm aware there are procedures that are being broken by the schools. Once you take steps, your child might be harassed by the school and at some point you don't have chances to attend school meetings to raise such problems.

What is the criteria for one to qualify for exemption from school fees? I believe once a parent defaults the school must inform the parent and provide information and that once a parent defaults she/he must automatically qualify for exemption. This is simply because there is no parent who would like to frustrate his/her child by not paying fees deliberately, there must be a problem that needs a school to follow up not through debt collectors, that is unlawful.

With regard to Equal Education, keep it up the good work parents are being harassed unnecessarily by the schools.

Dear Editor

Ignored by Department of Education and School for assistance with school fees

I am a single divorced mother and because off low income and only an amount from my ex to cover the living costs of our two sons. I applied for a reduction of school fees at their school. I filled in all requested forms, went to the school and spoke to the deputy principal. But my ex husband did not want to provide his financials for the reduction.

I explained my problem to the deputy principal and said I was willing to pay half of the amount. The problem was with my ex not being willing to assist me with extra for school fees. The deputy told me,"You can be glad that you receive maintenance" I was so humiliated and left her office stunned and judged for not being able to pay full school fees and for expecting my ex-husband to assist me (January 2018).

From May 2018, I have been sending emails to the Western Cape Department of Education, trying to get help or assistance from them. After various corresponding from me to them, I still have not been helped.

The school has since handed me over to their lawyers. I have a lawyers letter saying I have to make a plan for payment of outstanding school fees or be blacklisted.

My son still needs to go to school until grade 12 and I am afraid that the school will refuse to take him next year. I have sent the lawyers and email, offering to pay the outstanding amount in installments, starting in November.

Next year I will be faced with the exact problem and fear for the year ahead.

Dear Editor

My daughter was a pupil at a public school in Moorreesburg for 3 years from Grade 1 to Grade 3. When she was Grade 3, I encountered a problem with my employer. I was working for a small construction company which was struggling to get tenders and eventually I was laid off.

I am a single parent and my child's father has never supported her. By then the school fees debt was about R7,000. I had already paid R2,000 and left with a balance of R5,000 which I could no longer pay. I advised the accounts lady who was calling to query about school fees that I had been laid off work. The school proceeded to blacklist me and placed a judgement against my name which has made matters even worse because I am unable to find a job with a judgement against my name.

Now, their attorneys keep on calling me to court and they are threatening to have me arrested because I could not get to court. They have requested the court to issue a warrant of arrest because i could not go to court. The School is a public school and I cannot believe how they have treated me during this difficult time. As it is, I spend most of my time at the rural area because i cannot get a job anyway due to the fact that they have blacklisted me.

Dear Editor

The South African Schools Act states that, in the event of non-payment of school fees, the school may take legal action against both parents irrespective of any maintenance and court orders that may exist. This implies that the School Act is above any High Court order. In my case, the father of my children refuses to sign the school's agreement; therefore, I am being held responsible for the full account. The school and debt recovery refuse to contact the father and told me that they are not marital counsellors and that it is my responsibility to sue him for his share. How is a single mother who can hardly make ends meet was refused for school fee exemption because of a "high income" and is supposed to afford lawyers to sue her ex for school fees? I think the schools and debt recovery agencies must get their act together and comply with the School Act.

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