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Chapter 14 - School Government

Problem 1: Parents cannot afford to pay school fees

David and Naledi have two children at school. David was retrenched and now does casual work at a supermarket where he earns R1 600 per month (R19 200 per year. Naledi cannot find a job. They cannot afford to pay the required school fees for their children. The school has sent David and Naledi a number of reminders about the payment of school fees. The school now sends them threatening letters saying that their children will not be allowed to write the final exams unless the fees are paid. The fees for each child are R1 500 per year.

What does the law say?

The Schools Act says no child can be refused admission from a public school because his or her parents cannot afford to pay school fees. The right to a basic education is also entrenched in the Constitution.

Parents can apply for a full or partial exemption. The formula for calculating exemptions and an explanation is below.

What can you do?

Work out whether the parents qualify for full or partial exemption using the required formula.

E (Exemption) = 100 [ F (Annual fees) + A (Additional contributions demanded by the school)]
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[C (Combined annual gross income of both parents)]

E = 100 [R1 500]
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[R19 200]

E = 100 x 0.08

E = 8%

The school fees are between 3.5% and 10% of the parent’s total income. David and Naledi will therefore qualify for a partial exemption. What will this exemption be worth to them? Check the Table to work out what the value of this exemption is. According to the Table, a parent with two children attending ‘fee-charging’ schools, who spends at least 8% of the joint family income on school fees, qualifies for a 90% fee exemption.

90% of the school fees of R1 500 = R1 350

R1 500 – R1 350 = R150

David and Naledi will have to pay R150 towards the school fees of each of their children.

You can help the parents apply in writing to the school governing body for an exemption from paying school fees. Ask the school for a formal exemption application form. If this is not available then write a letter. In the application use the formula to show why they qualify for a partial exemption and what this exemption is worth to them.

Problem 2: Learners are refused admission to a school because of outstanding school fees

Problem 2: Learners are refused admission to a school because of outstanding school fees

A number of learners have been refused admission to a school because they are told they have not paid their outstanding fees. The parents are unable to afford the outstanding fees and want to take action against the school to force them to take their children.

What does the law say?

The law states that a school cannot refuse to admit a learner to school on grounds that they have school fees outstanding.

What can they do?

1. The learner's parents should write a letter to the school principal pointing out which part of the law they are breaking and formally appeal to the SGB against the decision. Send a copy of this letter to the Head of the Department in the province and /or the Provincial MEC (Member of the Executive Council) for Education.

2. If the school still refuses to admit the learner, or if they don't reply to the letter, the learner should write to the HOD in the province and/or MEC for Education and advise them that the school continues to refuse to admit the learner.

3. If the HOD or MEC does not respond contact a public interest law organisation or a lawyer for support. (See Resources: Legal Aid Justice Centres)