Amid growing claims that a number of schools have refused to issue learner report cards on the basis of unpaid school fees, a call was made on public school principals and School Governing Bodies (SGBs) to comply with the law and issue reports to learners without prejudice.
Whilst schools depend on fees to sustain operations, withholding academic reports as leverage for payment is unlawful and violates children’s rights to basic education.
Sakhile Mngadi, MPL and DA spokesperson on Education in KwaZulu-Natal, stated in a recent press release that the South African Schools Act 84 of 1996 is unequivocal on this matter.
Mngadi referred to Section 41(7), which explicitly provides that a learner may not be denied access to his or her report card, academic records or transfer certificate as a result of outstanding school fees. The Act further requires that fee recovery must be pursued through correct legal processes and not through punitive actions against children.
“No child should be punished or humiliated for circumstances beyond their control. Reports are an essential educational document needed for progression, applications and academic continuity,” Mngadi said.
The DA does, however, urge parents and guardians to pay school fees where they are liable and able to do so, to ensure that infrastructure is maintained, resources provided and quality learning environments are available. Those with overdue accounts are encouraged to make payment arrangements and commit to settling arrears fairly and consistently.
- Parents who are refused reports due to outstanding fees should not engage in confrontation at school level. Instead, they are advised to immediately lodge a complaint with the relevant Department of Education at their nearest circuit or district office and request written acknowledgement and intervention.
‘Learner cannot be excluded’
On its website, the Department of Basic Education commented that a school fee is an agreed amount of money that parents pay to schools, aimed at improving the quality of education of learners. School fees may not include registration fees, administration or other fees. The school may not charge further fees for additional subjects chosen by learners from the school programme.
It is further stated that a public school has the right to take legal action against a parent who does not pay school fees, but only after the exemption criteria have been applied and the parent is still liable to pay such fees.
The learner must remain in school whilst the case is ongoing.
“A learner cannot be excluded from participation in any official school programmes due to non-payment of school fees by the parent. A school may not retain a learner’s report because the parent cannot afford to pay school fees,” the department commented.
Independent schools are also not entitled to withhold a report based on non-payment of school fees.
According to the TPN Credit Bureau’s data issued in June 2024, 66% of independent school fee accounts were paid on time and in full as per school fee agreements.
Comparably, this was better than the 42% of fee-paying public-school accounts paid on time and in full.
Fee paying public schools are hardest hit. In the first quarter of 2024, 30% of parents made no payment toward their fee obligations, whilst 22% made only partial payments. Only 28% of school fees were paid on time during this period. Independent schools had, however, seen better collections. Only 15% of parents and guardians made no payment towards their school fee obligations, while 32% made partial payments.
ALSO READ: Western Cape teachers warned of WhatsApp employment scam demanding R2 800 ‘authorisation fee’
