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

IOL News

time12 hours ago

  • Business
  • IOL News

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.

Nearly 3% of school staff flagged for criminal activity
Nearly 3% of school staff flagged for criminal activity

The Citizen

time04-06-2025

  • Politics
  • The Citizen

Nearly 3% of school staff flagged for criminal activity

Despite being slightly lower than the previous year, the statistics still indicate that 1 in every 34 school employees had a criminal record. Almost 3% of South African school staff screened for employment between March 2024 and February 2025 were flagged for criminal activity. This is according to new data released by TPN, a leading provider of background screening services. The figures raise serious questions about the rigour of vetting procedures in schools and come as the Department of Justice pushes for phased public access to the National Register for Sex Offenders (NRSO). 'Between March 2024 and February 2025, 2.95% of school staff screened through TPN's systems were flagged for possible illicit activity,' said Ashleigh Laurent, Legal Counsel at TPN. 'This includes not just educators, but also grounds staff, temporary hires, coaches, and others in contact with minors. While slightly lower than the 3.08% recorded the previous year, the statistic still means that 1 in every 34 individuals working at schools had a criminal record. Convictions include assault, theft, and murder Of those flagged, 1.22% had criminal records related to abuse or sexual offences, a decrease from 2.63% in 2022, but still alarming. 'Theft emerged as the most prevalent crime, accounting for 18.29% of all convictions,' Laurent said. 43.9% of those with criminal records were convicted of serious offences such as: Assault (23.17%) Drug trafficking (12.2%) Housebreaking (3.66%) and Murder (2.44%) 'While there were no recorded convictions or pending trials for rape or child neglect between 2023 and 2025, over 1.06% of school employees screened are currently awaiting trial, a reminder that pre-employment checks must extend beyond convictions,' she said. ALSO READ: Gauteng education announces 2026 school admission dates: Here is what you need Assault and theft top the list According to Laurent, the TPN tracked the Case Awaiting Trial (CAT) indicators, revealing that 1.06% of school staff screened in the 2024–2025 period are facing legal proceedings. The most common charges pending court proceedings include: Road traffic violations (30.56%) Assault (19.44%) Theft (15%) Reckless driving (5.56%) Malicious damage to property (2.78%) 'While these individuals have not yet been found guilty, the nature of the allegations still raises cause for concern,' Laurent added. ALSO READ: Department scrambles to fix curriculum chaos at Gauteng school after delayed start Schools face legal duties in vetting staff Despite delays in fully opening the NRSO due to confidentiality laws under the Sexual Offences and Related Matters Amendment Act (SORMAA), schools remain legally obligated to screen all staff using the NRSO and Part B of the National Child Protection Register. 'Failure to comply could result in criminal or civil liability and long-term reputational damage,' Laurent warned. According to Laurent, teachers registering with the South African Council for Educators (SACE) must submit a police clearance certificate that is no older than six months. The SACE Code of Professional Ethics enforces conduct standards and disciplinary processes. SORMAA also places responsibility on individuals to disclose past sexual offence convictions. 'An employee in the employ of an employer, who is or was convicted of a sexual offence against vulnerable persons, irrespective of whether or not such offence was committed or allegedly committed during the course of his or her employment, must without delay disclose such conviction or finding to his or her employer,' SORMAA ALSO READ: No party favourites: Minister defends appointment of Mantashe's son to Seta board Early intervention critical According to TPN, the decline in sexual offence-related convictions suggests that improved screening is beginning to take effect. However, even small percentages represent significant risks when children are involved. 'The protection of children cannot be compromised,' Laurent said. NOW READ: 'Looting using matric papers': Why did NW printing job price jump by around R100m?

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