COVID -19 has wreaked havoc around the globe and one of the affected areas is schooling. Should parents pay fees if their children are not physically at school and making use of facilities in these tough economic times?
In terms of section 40 of the act, parents of learners in public schools are liable for school fees but can be exempted from the payment if they are unable to pay.
Depending on whether a parent has had a reduction in or become unemployed, the exemption may be partial or full.
Parents who have lost their jobs due to the lockdown should apply via the school governing body for exemption from fees. Parents have been urged to continue paying school fees to cover the salaries of teachers appointed by governing bodies. Many people don’t realise staff salaries alone comprise between 70% and 90% of a school’s fixed costs.
Private schools, have contracts with parents, so they have more extensive remedies at their disposal to enforce fee payments and they have the right to terminate their contractual relationships in the event of a breach, thereby preventing pupils from returning to a school. However, when these schools enforce those rights in recovering arrears or want to exclude pupils, they must always remain conscious of the children’s best interests.
Parents are encouraged to talk to the schools and not ignore their fee obligations as there could be legal ramifications in doing so.
So, who qualifies for school fees exemption?
If the school fees (of any one child or several children together) are 10% or more of the total income, you will be entitled to a full exemption and will NOT have to pay school fees. This includes other expenses such as security guard fees, matric dance fees etc. these forms can be obtained from your school. It’s a tough time for our country, parents have lost their jobs, being forced to take pay cuts, or being unable to reopen their businesses thus not being able to pay monthly bills.
For any legal assistance in school fee negotiations or various other credit provider information and/or mediation assistance, contact APA Africa for reliable, quick and professional legal advice.
Tel: 010 443 7829 Website: www.apaa.co.za Email: info@apaa.co.za
