School fees, legal duties, and debt - a guide for parents and principals

Girls school shoes South African schools - both fee-paying public and independent - are grappling with a sobering challenge- unpaid tuition fees
Image: Adrian de Kock
South African schools - both fee-paying public and independent - are grappling with a sobering challenge- unpaid tuition fees.
For many institutions, outstanding debt threatens not only their financial sustainability but also their ability to deliver quality education. At the same time, many parents face real financial hardship
Ashleigh Laurent, Legal Counsel at TPN from MRI Software, said the current situation calls not only for empathy but also for legal clarity, transparent communication, and proactive engagement between schools and parents.
"From my vantage point as a legal advisor working with educational institutions, the complexities of this situation emerge starkly.
"The legal framework governing these interactions provides mechanisms for the prevention and enforcement of fee-related issues, yet the effectiveness of these measures hinges on how both schools and parents choose to fulfil their respective responsibilities," she explained.
For many institutions, outstanding debt threatens not only their financial sustainability but also their ability to deliver quality education
Image: File
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
Ad loading
Schools: Establishing clarity and compliance
For schools, the commencement of addressing unpaid fees lies in the development of clear, enforceable fee agreements.
Laurent said the absence of clarity in documents often leads to disputes that could have been resolved preemptively.
"A well-drafted agreement must stipulate essential elements such as tuition amounts, due dates, payment methods, and repercussions for defaulting on payments. This not only safeguards both parties but also sets clear expectations from the outset," she added.
Moreover, schools have a legal duty, as outlined by the South African Schools Act and Exemption Regulations, to notify parents in writing and promptly about annual school fees and the procedures for applying for fee exemptions.
Laurent said this responsibility primarily rests with the governing body and principal of the school, who are tasked with guiding parents through the exemption and appeals process whenever necessary.
In instances of fee defaults, early intervention plays a vital role. Schools should reach out to parents who fall behind on payments to engage in meaningful discussions about possible solutions.
If exemptions do not apply and no payment agreement can be reached, schools are legally permitted to take further action, including issuing letters of demand, listing parents with credit bureaus, or even pursuing legal judgment through the courts.
However, these actions must conform to legislative guidelines, including the National Credit Act, and should follow fair and lawful procedures.
Parents: Understanding rights and responsibilities
On the flip side, parents also have a crucial role in navigating the tuition fee landscape. It is imperative that they actively seek to understand their financial commitments when enrolling their children in fee-paying schools. Prompt inquiries and careful reading of fine print can prevent many misunderstandings. In the face of financial difficulties, parents need to act swiftly and communicate openly before fees escalate.
"Particularly for parents of children in fee-paying public schools, it is important to note that exemptions are not automatically granted.
"The law is clear; individuals must apply annually for fee exemptions, and schools have no obligation to consider financial hardship without a formal application. Consequently, failure to act can leave parents liable for fees that could have potentially been mitigated," Laurent said.
Should financial strain prove insurmountable, parents may need to contemplate transitioning to more affordable educational options. While this decision can be emotionally taxing, it might present a practical way to ensure that children's education continues without accumulating unsustainable debt.
As with all agreements, adherence to the required notice period is essential to avoid incurring additional penalties.

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

Eyewitness News

32 minutes ago

• Eyewitness News

SA's greylisting a lesson for govt to operate as a whole, says Godongwana

CAPE TOWN - Finance Minister Enoch Godongwana says government has learnt valuable lessons from being greylisted by the global anti-corruption watchdog, the Financial Action Task Force. This includes increased oversight on whether money guised as political party donations is being used for terrorism activities. Addressing a symposium on political funding in Durban on Thursday, Godongwana said being greylisted had been a good challenge for government. Government's investment and trade prospects were said to have been severely dented when it was greylisted by the FATF in February 2023. Since then, the government has been under the whip to tick off 22 action items to prove it's got a grip on the prevention of money laundering and anti-terrorism financing. The country was removed from the notorious FATF list last week, after introducing new legislation and tightening its financial controls. Godongwana said it was the first time an omnibus bill was tabled, that cut across government departments. 'It was a positive development in that sense, in that it taught us how to operate and work as government, as a whole.' Godongwana says he was being alerted by the United States every six months about South African bank accounts being sanctioned on suspicion of financing terrorist activities.

IOL News

an hour ago

• IOL News

The state of the adult industry in SA: A market under pressure

I started the Lola Montez Brand over 20 years ago. It was the first of its kind. An adult store that was more boutique than a store that made it safe for women to shop. It was a place where couples could get real advice about their relationship and purchase a range of toys to spice up the bedroom. Sharon Gordon is the brains behind the Lola Montez Brand leads the adult entertainment Industry and has revolutionized the way business is done. From conceptualization, to brand exposure and product development. Lola Montez is currently a upmarket boutique in Sandton, Johannesburg with services including events, parties, education and e-commerce. We went from 1 to 4 stores and back again over the years and recently closed all our bricks and mortar outlets to be online. We still offer the same educated and honest advice. I have wondered for some time now whether it is just me or whether we are all suffering. Yes, there certainly are more players in the market with fierce online competition. If your algorithms aren't perfect, you are nowhere to be found. Don't even think about advertising on social media, you'll be banned faster than you can say Butt Plug. I'm assured it's the same for everyone. The South African adult industry, once dominated by a few brick-and-mortar stores offering high-end, discreet and knowledgeable service, is now navigating choppy waters. A convergence of economic, regulatory, logistical, and digital challenges is threatening the survival of longstanding adult retailers and reshaping the landscape of the industry entirely. The Decline of Physical Retail: A Perfect Storm Retail across all sectors has been under pressure, but adult retail in South Africa faces unique hurdles. High commercial rentals—especially in premium, upmarket areas—have made it nearly impossible for adult stores to compete for desirable locations. Despite a more progressive approach to sexual wellness, adult shops still face stigmas that prevent them from gaining access to malls and retail zones with high foot traffic. Zoning laws and landlord reluctance mean many are forced into industrial areas or low-traffic locations, which impacts visibility and footfall and keeps the industry feeling sleezy. Coupled with rising utilities and security costs due to persistent load shedding and crime, maintaining a physical presence has become financially untenable for many businesses. The shift to online retail, accelerated by COVID-19, has only exacerbated this decline. Regulatory Red Tape and Technical Hurdles Beyond rental issues, South African adult retailers also face harsh regulatory and logistical hurdlesThe South African National Standards (SANS) require that all rechargeable adult toys—those containing lithium batteries—meet strict safety compliance standards. Importers must register, test, and certify each model, even if it's a variation of an existing design. This costly and time-consuming process significantly delays product launches and adds to overheads. Moreover, lithium batteries are considered dangerous goods for air transport, leading to additional courier fees and complex logistics. These costs are passed on to the consumer, making locally-sourced products far more expensive than the same items bought from international platforms—many of which skip compliance and safety procedures entirely. The Online Competition Conundrum Online giants like Temu, Shein, and Wish have further eroded the profitability of local Players. These platforms offer cheap adult toys, shipped directly from overseas, often without duties being paid or regulatory compliance being met. These products are rarely covered by warranties and come with no after-sales service or consumer protections. Consumers, facing their own financial constraints, are increasingly opting for lower-cost alternatives, despite the risks. The result? Local adult stores can't compete on price and are losing market share rapidly. Reputable South African brands that offered education, discretion, high-quality products, and in-store expertise are being edged out by volume-based, faceless e-commerce operations. The Bigger Picture: Industry at Risk This collision of factors—regulatory barriers, high rentals, unfair import practices, and international competition—is having a significant impact on the adult industry as a whole. Once-thriving businesses are closing their doors, scaling back operations, or being forced to compromise on quality to survive. The broader implications are concerning - fewer safe, informed spaces to explore sexual health and wellness, job losses in an already struggling economy, and a decline in consumer rights and product safety standards. What Can Be Done? If the adult industry in South Africa is to survive and thrive, multi-pronged action is needed: Lobby for Fair Access: Retailers and advocacy groups must lobby municipalities and shopping centres to treat sexual wellness retail like any other health and beauty offering. Education is key to breaking down stigma. Simplify SANS Processes: Regulatory frameworks must be reviewed and streamlined for small businesses. Consideration should be given to exemption categories or partnerships for low-risk devices. Local Manufacturing Incentives: Encouraging local production of adult toys could reduce reliance on expensive imports and create jobs. Government incentives for manufacturing could drive innovation and economic inclusion. Consumer Education: Campaigns must highlight the importance of quality, safety, and after-sales support. Consumers need to understand what they lose when they buy from anonymous overseas platforms. Collective Bargaining and Bulk Shipping: Local retailers could form cooperatives to pool resources for compliance testing and shipping, reducing costs and increasing bargaining power with regulators and couriers. Our wholesalers have entered the retail market making competition even more difficult. Digital Excellence and Hybrid Models: Investing in sleek, educational online stores with excellent service, discreet delivery, and local credibility could win back customers. Hybrid models that blend online with experiential pop-ups or events could also offer a future path. Those who have the capital are trying. Temu is still winning. The adult industry in South Africa is at a urgent and coordinated efforts to address the unique pressures it faces—from compliance costs to online competition—it risks becoming an underground or entirely imported market, devoid of trusted local brands and service. Preserving the industry isn't just about pleasure products—it's about access to safe, shame-free sexual wellness resources in a country that needs them more than ever.

The South African

2 hours ago

• The South African

Major revamp coming to YOUR nearest airport

Airports Company South Africa (ACSA) has unveiled a major infrastructure maintenance and expansion programme aimed at modernising and future-proofing the country's busiest airports. The ambitious upgrades are already underway across ACSA's nine airports, including OR Tambo, Cape Town, and King Shaka International. The wide-ranging initiative includes critical maintenance, safety enhancements, and major capital projects, with completion dates ranging from late 2025 to 2027. ACSA has prioritised essential infrastructure in its maintenance plan, including: Sewerage systems Ablution facilities (including accessible and baby-changing amenities) (including accessible and baby-changing amenities) Fire escapes Enhanced safety and hygiene protocols in high-traffic zones By way of example, at OR Tambo International Airport, one of the largest projects is the refurbishment of ablution facilities, which began in December 2024 and is set for completion by December 2025. 'This programme is a strong signal of ACSA's recovery following the COVID-19 pandemic,' said ACSA CEO Mpumi Mpofu. 'It reflects our return to financial sustainability and our ability to reinvest in critical infrastructure.' A new 20-inch feeder line and Jet Fuel Redundancy Phase 1 to enhance supply reliability and Jet Fuel Redundancy Phase 1 to enhance supply reliability Backup power generators are being replaced to ensure uninterrupted fuel operations Ongoing structural refurbishments , control system upgrades, and canopy cover replacements , control system upgrades, and canopy cover replacements Completion targeted between November 2025 and 2026 Phased replacement of UPS units to bolster energy resilience of UPS units to bolster energy resilience Full rollout expected by 2026 Replacement and refurbishment of escalators and lifts to resolve operational inefficiencies to resolve operational inefficiencies Several installations are already completed, with the programme concluding in 2027 Replacement of ILS and AWOS systems to ensure flight safety and weather accuracy and systems to ensure flight safety and weather accuracy Milestones targeted for end-2026 Includes HVAC upgrades, roof waterproofing, sprinkler system replacement, and airside improvements Overhaul of fuel receipt meters, hydrants, and booster pumps for safety and efficiency ACSA confirmed it is working closely with government, airlines, and commercial partners to ensure the smooth rollout of these infrastructure projects, with minimal disruption to travellers. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.