A Johannesburg private school is facing contempt of court proceedings over claims it failed to fully reinstate two Grade 12 pupils after excluding them over unpaid tuition fees
By Mapaballo Borotho
Everyone has the right to basic education, but what happens when parents fail to pay private school tuition fees?
In South Africa, the right to basic education is protected by the Constitution. It guarantees everyone the right to basic education, including adult basic education, and requires the State to progressively make further and higher education available and accessible.
Private schools, however, rely on tuition fees to operate. This raises an important question: what happens when parents fail to pay those fees?
A Johannesburg private school is back in court after allegedly failing to fully comply with a High Court order to reinstate two Grade 12 pupils who were excluded over unpaid school fees.
Although the pupils have returned to class, public interest law centre SECTION27 says they have not been fully reintegrated and remain unregistered for their final Independent Examinations Board (IEB) matric examinations, despite a court order and the registration fees having been paid.
The organisation is now seeking to have the school and its directors held in contempt of court.
Phemelo Motene spoke to SECTION27 candidate attorney Jonathan West on Kaya 959’s Point of View about the legal battle and what it could mean for the pupils’ right to education.
West said that although parents and private schools are bound by a contractual agreement, schools must still follow the correct legal process if they intend to terminate that contract.
“In this case, those procedures were not correctly followed.
I know the public may find it frustrating when parents enrol a child at a private school and fail to pay the fees, and there is something understandably troubling about that situation.
But what we have here is a case where the non-payment of school fees is being used as a tool,” he said.
West argued that children should not bear the consequences of a contractual dispute between parents and a school.
“We cannot use children as leverage. These learners simply want to complete their matric and receive an education, but they have become pawns in this dispute, which is extremely unfair.
The situation is emotionally and psychologically taxing, and it could ultimately affect their academic performance,” he said.
Listen to the podcast for the full discussion…
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