School fees : Actions when confronted by a debt collector

In terms of the schools act every parent is required to pay school fees when their children attend a government school.  It is also the Parent's right to apply and be granted exemption in terms of the formula described in the act if they are in financial difficulties. In most cases parents either do not know of this right or how to go about it.   The Principal and governing bodies have been tasked with specifics regarding this and in my humble opinion if they neglected to do what the act requires of them they cannot collect on this Debt. 

In Government Notice in the Government gazette nor 23311 dated 18 October 2006  Grace Naledi Mandisa Pandor, Minister of Education after consultation with the council of Education Ministers and the Minister of finance and in terms of sections 39(4) and 61 of the South African Schools act no 84 of 1996 published refulations ind the Schedule for general information.

This is critical information to every single person in South Africa who were or are unable to pay school fees and are being haunted by debt collectors.

The Notice higlights the following : ( Exact extract from the notice in red - my comments on this in black)  

3.   Obligations of governing bodies and principals when learner is admitted to a public school

(1) The principal must notify a parent of the following:

(a) the amount of the annual school fees to be paid and the procedures for applying for exemption;

This is not an option - it is a task that must be performed by the principal.

(b) the fact that the parent is liable for the payment of school fees unless

he or she has been exempted from the payment thereof;

This again places the onus square on the shoulders of the principal and following on 

to this is the following requirement of an action to be performed by the Principal: 

(c) a form (Annexure A), contemplated in section 41(4)(c) of the Act,

must be completed by the parent and signed by the principal of the

school and by the parent, indicating that the parent has been

informed about the provisions of paragraphs (a) and (b);

This again is not optional - it MUST be done.

(d) one copy of the signed form contemplated in paragraph (c) will be

handed over to the parent when the learner is admitted to the public(e) 

If a parent is in arrears by one month or more, the governing body will

investigate whether the parent qualifies for exemption before acting

in terms of section 41(1) of the Act.

 This is the punchline -  an action to be performed by the governing body and it also spells out the actions to be taken BEFORE any legal action can be taken 

Should you have been contacted in any way by a debt collector - what can you do ?

If you are of the opinion that you could have qualified for exemption were you informed that you can apply for exemption and did the Principal act in accordance with the act ?

Template to be used in an email to the school Principal if collections are being done by the school itself or to the debt collector if this is done via a debt collector or attorney. 

DEAR SIR/MADAM,

Your recent email/telephone call refers.

To enable me to properly respond to your collection effort on an alleged debt of school fees I need the following from you :

a.   A copy of the form, contemplated in section 41(4)c of the South African Schools act no 84 of 1996 that was signed by myself  and the Principal informing me of the amount of the annual school fees to be paid and procedures for applying for exemption, 

as well as:

b.   Actions taken by the governing body when it appeared that payment of the school fees were one month in arrears to investigate whether the parent qualified for exemption before acting in terms of section 41(1) of the Act.

Upon receipt of the requested information I will revert back to you.

Greetings

(Your name)