The South African Schools Act with regards to public schools
It is noted in Section 41 (7) of the South African Schools Act, 1998 (Act No. 84 of 1998) that a learner may not be deprived of his or her right to participate in all aspects of the programme of a public school despite the non-payment of school fees by his or her parent and may not be victimised in any manner, including but not limited to the following conduct:
(a) Suspension from classes;
(b) verbal or non-verbal abuse;
(c) denial of access to
(i) cultural, sporting or social activities of the school; or
(ii) the nutrition programme of the school for those learners who qualify in terms of the applicable policy; or
(d) denial of a school report or transfer certificate.
What does the Schools Act mean for parents?
- If your child attends a public school and you are struggling to keep up with paying the school fees, they can’t send your child out of the class/home and they can’t refuse your child to participate in any activity (extra mural or exams) or refuse to give them a report card.
- You can apply for a reduced school fee rate or to be exempted from paying school fees if the school fees are between 2.5 % and 10 % of your household income.
- Schools are not allowed to ask for registration fees.
- No fee schools can’t ask parents for school fees.
- If a school is doing something wrong according you, you can report it to your District or Provincial office. Find your Provincial Department of Education Office here.
What can the school do?
- If you don’t fit the fee-exemption criteria, they can hold you liable for the school fees. This also means that they can take legal action against you.
- They can offer you different payment options. When you struggle to keep up with the school fees, make an appointment with them to work out a payment plan.
What can I do if I'm struggling to get my child into a school?
- Call the Department of Basic Education's toll-free hotline on 0800 202 933
- Contact your provincial education department
- Contact the Education Rights Project.
You might also want to read more about how you could make education more affordable.