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By Martin Hesse 
4h ago
Basic Education Minister Angie Motshekga, speaking last week about the sector’s recovery plans for reopening schools, addressed the issue of fees and said the Council of Education Ministers had taken note of the concerns.
“We indicated from the outset that school fees are payable, where children attend fee-paying schools,” he said.
“We received reports that in some schools parents were not paying fees, and this has affected the salaries of teachers appointed by the governing body. It was agreed that the provinces would investigate the matter to find a friendly but implementable solution. In the meantime, we urge all parents to continue paying the school fees. If you cannot pay, because your circumstances have changed as a result of Covid-19, please go to the school and communicate your challenges with them. ”
On the situation in private schools, Isasa, which represents more than 850 schools, agreed and said that the fixed costs of the schools were significant.
Lebogang Montjane, Isasa’s executive director, said he had discouraged its members from giving significant discounts on fees, because schools must remain viable.
“Many people do not realize that staff salaries only comprise between 70% and 90% of the fixed costs of a school,” he said.
“It is a really difficult time for our country, so we have great sympathy for our parents, as many of them lost their jobs, were forced to accept pay cuts, or were unable to reopen their businesses.”
“We encourage parents to contact schools and make payment arrangements,” said Montjane.
Noting an increase in pressure on parents and teachers over e-learning, data costs, job losses, childcare, and other family responsibilities, he said the pandemic had imposed significant restrictions on the community. school in general. In some cases, schools with fewer financial resources may never reopen.
Werksmans’ director of lawyers, Bulelwa Mabasa, said schools had approached his company to ask for advice on how to deal with non-payment of fees.
“Many parents will be affected financially,” said Mabasa. “This situation will require some flexibility from schools, which could mean longer payment terms.”
She said the parents’ circumstances should be taken into account. “Some might be selling personal protective equipment, for example, and be doing great right now. Some have had to take large pay cuts. Others have lost their jobs. This requires flexibility and understanding. It’s also difficult for parents: Your days are likely to be more difficult if you still have your day job and can’t leave your kids with their own devices. ”
In an article titled “Fees Should Fall? The Impact of the Blockade on School Fees,” which was reviewed by Mabasa, Werksmans candidate attorney Thomas Karberg said that public schools had a duty to provide basic education in terms of the constitution. As such, the Schools Act prohibits schools from rejecting admission or expelling students for nonpayment, as it deprives them of their rights.
“In terms of section 40 of the law, parents of students in public schools are responsible for school fees, but they may be exempt from payment … (if) they cannot pay. Depending on whether a parent has suffered a reduction in wages or has been left without a job, the exemption may be partial or total. “
He said parents who lost their jobs due to the blockade should apply to the school’s governing body for exemption from fees. “However, various stakeholders have urged parents to continue paying school fees to cover the salaries of teachers appointed by the governing bodies.”
However, private schools have contracts with parents, so they have broader remedies at their disposal to enforce the payment of fees and have the right to terminate their contractual relationships in the event of material breach, thus preventing students go back to school.
But, when these schools enforce those rights to make up arrears or want to exclude students, they must remain aware of the best interests of the children, Karberg said.
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