Illegal lessons: Schools can’t charge fees for registration of pupils
It’s illegal for schools to charge parents and guardians registration or application fees.
Every year when schools open in January, we sit with the same problem, which sees some schools charging a registration fee, and even an application fee (which is non-refundable and if your child is not accepted, you lose that money).
This practice is ILLEGAL. The Department of Basic Education (DBE) has urged parents to report schools that demand registration fees in order to secure a space for their child, and says that it is illegal for schools to demand any sort of registration or admission fee as a prerequisite for the enrolment of a child. So if the school secretary, principal or governing body tells you something different, they are lying.
The fact that the DBE keeps warning schools that do this, means that it knows that this practice is taking place. Why do they not then take real action against principals and SGBs of schools that continue to charge registration fees and withhold children’s report cards if their fees have not been paid?
This is what Vanessa le Roux, founder of Parents for Equal Education, would like to see happen: “The withholding of report cards and charging of registration fees, happens every year – and national and provincial education departments are aware of it – yet no punitive measures are being taken against schools who continue to flout the law, and thereby deny children a right to education.
“Schools need to know that there will be consequences for disregarding the law. It is obvious that these warnings to the schools are not being taken seriously, because these practices are still happening. This lip service must stop.
“If the DBE does not take action against these schools, then they are complicit in this illegality and criminality committed against our children.”
Khalid Sayed, ANC spokesperson for education in the Western Cape legislature, agrees: “I yet again, condemn in the strongest terms the illegal practices of withholding report cards due to unpaid school fees, and charging of registration fees by schools. There needs to be consequences for principles and SGBs of schools who continue with these horrible practices.
“The negative psychological impact of learners being denied access to school is incredibly sad to see. Also, the quintile system in its current format at national level needs to be transformed.
“Schools are not getting adequate support from the state, because the area which the school is situated in is no longer considered to be a sub-economic area, but the children who attend the school are.
“The reason that schools are resorting to these measures, needs to be addressed – but that in no way justifies these practices. Charging a registration fee, and subsequently denying a child access to school because of a parent’s inability to pay this registration fee, is illegal.”
Last year, when schools re-opened in January, national education spokesperson Elijah Mhlanga said that parents should refuse to pay. “The department has received a lot of complaints from parents who indicate that schools are engaging in this unlawful practice,” Mhlanga added.
“This is a warning from the Department of Basic Education to advise schools to refrain from this particular activity as it generates unnecessary tension between parents and schools.
“It creates a lot of pressure from parents as they think they need to pay monies for their children to be admitted when in fact this is not true.”
National Association of School Governing Bodies (NASGB) general secretary Matakanye Matakanya said: “Public schools are not allowed to deny children admission based on payment of these fees. The law does not allow for these kinds of practices.
“Even at independent schools such things should not be done because they are regulated by the Constitution and the South African Schools Act.
“At schools, even the SGB do not have the right to do this. They formulate policy, yes, but this policy is sent to the Department of Basic Education for quality assurance. So if their policy is in contradiction of this law, it will be found and disallowed.”
The right not to charge school fees is limited to schools that have been declared no-fee schools. The names of such schools will be published in a provincial gazette.
Here is a link to schools in the Western Cape who are deemed to be no-fee schools in 2023: https://www.education.gov.za/Portals/0/Documents/Publications/2023%20No%20Fee%20Schools/WC%20No%20Fee%20Schools%202023%20list.pdf?ver=2022-10-19-112425-207
The Department of Basic Education website states that school fees may not include registration fees, administration or other fees, and also states that a public school has the right to take legal action against a parent who does not pay school fees, but only after the exemption criteria have been applied and the parent is still liable to pay such fees.
Go to the WCED website https://www.westerncape.gov.za/general-publication/school-fees-and-fee-exemptions or the DBE website https://www.education.gov.za/Informationfor/ParentsandGuardians/SchoolFees.aspx, to find out whether you qualify from an exemption of school fees, in a fee-paying school.
Parents are advised to report concerning activities by schools to their district or provincial office, or contact Department of Basic Education via its [email protected] or call 012-357 -3000.