On the warpath

On the warpath
On the warpath

Monday, December 28, 2015

School fees and the law - public schools

It is nearly 2016 and in South Africa the public schools will start early in January.
By law all parents who enroll their children in Public schools MUST pay school fees - IF their income allows this 

You can check whether you qualify for partial, total or not at all for exemption here:


(click on the (PDF) link of the first google link that appear - it is government notice R 1052 published on the 18th October 2006)

It is imperative that parents take note of their right to exemption of school fees if they qualify in terms of the law.

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

6 comments:

  1. Dankie vir die deel....die wat bevraagteken lig gewoonlik die ongerymdhede ook uit....

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  2. http://www.education.gov.za/LinkClick.aspx?fileticket=13Lz9dUopfM%3D&tabid=193&mid=485

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  3. This is the process the school must take to work out how much a parent qualify for exemption. But what I don't get is If the year school fees is R5000.00 + book fees R400.00 + consumers R250.00. Should these extra fees not be included in the calculation of the exemption. Read the doc carefully.

    http://www.education.gov.za/LinkClick.aspx?fileticket=13Lz9dUopfM%3D&tabid=193&mid=485

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  4. Normally that would be the case. What schools did in the past was to give children a list of required books and other consumables which they then have to buy to be able to study. I personally cannot find fault with these amounts being kept outside of normal school fees if that is all a parent will have to pay for the year. Things like special outings etc are also for the parent's account and this will place your child in a very precarious position if he/she cannot go because the money for that is not available. The amounts quoted is only around R50 per month and trying to put up a fight about that is probably not wort the effort.

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  5. It is not for them to assume your ability to pay - It is for you to prove according to the calculations in the act that you qualify. Unfortunately that is the only thing that counts - Not what you do with the money (eg.the payment of the private school) Do the calculations and that might show that you either qualify for total exemption, partial exemption or not at all. Remember state school fund payment is the responsibility of both parents - thus the maintenance payment is of no consequence - both parents' salary are taken into account for the calculation

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  6. Can old school fund debts prescribe. After a lapse of 7 years, I am aggressively pursued by an attorney for outstanding school funds. At the time of the problem, I did go and see the principal with a plan of action, basically offering my professional services to the school in exchange for the outstanding funds. He agreed, but a week later insisted I pay the arrears first, then he will consider. The school would have made a R60000-00 profit per year on top of my outstanding fees. I was never informed that the governing body should investigate my situation either. Please help with advice.

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