The Department of Basic Education (DBE) explained that schools grouped in quintiles one to three are considered poor and will not require parents to pay school fees. This is not the case for parents whose children attend higher quintile schools.
Despite being public schools, schools grouped in quintiles four and five are fee-paying schools. Parents will be required to pay school fees and could ultimately face legal action if they fail to do so. However, due process must be followed when it comes to school fees.
The South African Schools Act NO.84 of 1916 states that school fees can be increased if a resolution to do so has been adopted by the majority of parents attending a meeting in which the matter is being discussed.
It is therefore important that parents attend meetings where school fees will be discussed. This will allow them to have their say on potential fee increases. However, if the majority of parents agree with the schools’ intention to increase fees, parents are obliged to pay the new school fees.
Director of Media and Communications at the DBE Elijah Mhlanga says parents must be proactive if they cannot afford to pay these fee increases.
Parents can apply to the school for total, partial or conditional exemption based on their financial circumstances. If the application for an exemption is denied, parents can appeal to the Head of Department against a decision of a governing body regarding the exemption
“You can say to them I can no longer be able to pay the R1000 that you want or whatever amount that will be, but you offer them to pay a certain amount that's a sign of commitment that you want to pay fees,” explained Mhlanga.
Being proactive is also important as schools can take legal action against parents who fail to communicate with them regarding the non-payment of school fees.
However, before legal action can be taken against parents, schools will be required to prove that they have attempted to communicate with parents regarding the non-payment of school fees.
The SA Schools Act states that a learner may not be deprived of their right to participate in all aspects of the programme of a public school despite the non-payment of school fees by their parents and may not be victimised in any manner.
Learners may not be suspended from classes, face verbal or non-verbal abuse, be denied access to cultural, sporting or school activities of the school or be prevented from access to the school’s nutritional programme.
Schools also may not withhold school reports or a school transfer certificate due to the non-payment of school fees.
