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.
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PexelsThis tension between educational access and economic reality demands more than sympathy - it requires legal clarity, transparent communication, and proactive engagement from both schools and parents.
As a lawyer working closely with educational institutions, I’ve seen the complexities unfold first-hand. The legal framework provides mechanisms for both prevention and enforcement - but the key lies in how schools and parents approach their respective responsibilities.
Schools: Clarity and compliance
The starting point for schools must be clear, enforceable fee agreements. Too often, ambiguity in documentation leads to disputes that could easily have been avoided. A well-drafted agreement should outline tuition amounts, due dates, payment options, and consequences for non-payment. This protects both parties and sets expectations upfront.
Next, schools have a legal obligation under the South African Schools Act and Exemption Regulations to notify parents, timeously and in writing, of the annual school fees and the process for applying for exemptions. Importantly, this duty rests with the school’s governing body and principal, who must also guide parents through the exemption or appeals process where needed.
Where defaults occur, early engagement is crucial. Schools should contact parents who fall into arrears to discuss possible solutions. If exemption does not apply and no payment arrangement is reached, the law permits schools to escalate - including issuing letters of demand, listing parents with credit bureaus, or even pursuing judgment through the courts. These steps, however, must be taken in accordance with legislation, including the National Credit Act, and only after fair and lawful processes.
Isabel van den Ende 8 Apr 2025
Parents: Know your rights and responsibilities
On the other side of the equation, parents must take active steps to understand what they’re agreeing to when enrolling a child in a fee-paying school. Ask questions. Read the fine print. If circumstances change, don’t wait for the fees to mount - reach out early. Schools can only help where there's open communication.
Crucially, parents at fee-paying public schools must apply for exemptions annually. The law is unambiguous - exemptions are not automatic, and schools are under no obligation to assume financial hardship without a formal application. If parents fail to act, they may find themselves liable - even when an exemption could have been granted.
If financial strain becomes unmanageable, it may be necessary to consider more affordable schooling options. While emotionally difficult, this is a pragmatic way to ensure ongoing education without accruing unsustainable debt. Just be sure to give the correct notice period, as outlined in your fee agreement, to avoid additional penalties.
A collaborative approach is key
Ultimately, education should not become collateral damage in a financial crisis. But the solution does not lie in blame - it lies in proactive, transparent, and lawful action. Schools must communicate clearly and comply with their statutory duties. Parents must understand their rights, act in good faith, and seek help early.
When schools and parents work together - informed by the law, guided by fairness - tuition debt becomes a manageable challenge, not a breaking point.
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