Schools turn to courts to make parents cough up for fees

Schools frustrated by parents failing to pay fees are turning to the courts to seize assets.

A Pretoria High School for Girls (PHSG) pupil had her family’s lounge suite‚ microwave‚ bed headboards‚ printer and fridge amongst other things attached by a sheriff of the court last month.

This was as a result of her father not paying school fees for several months‚ but he claims that he was in constant communication with the school regarding his financial position.

“I have been owing school fees due to challenges I faced with my business‚ and hence my financial position because that’s my only source of income … I was‚ however‚ in communication with the school all through‚” explains John*‚ the father of the grade 11 pupil‚ who wishes to remain anonymous to protect his child.

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According to him‚ on March 8‚ both parents appeared at the Pretoria Central Magistrate’s Court‚ where the lawyer representing the school said that they would not be able to make a payment arrangement with them‚ after having reviewed their bank statements.

“The court adjourned the matter to 21 June 2017 when a financial inquiry and payment arrangement would be worked out. The school’s lawyer told us that everything will be put on hold until the matter is dealt with until the next court hearing‚” he explained.

Despite this‚ John says that he was surprised to hear from a deputy sheriff on March 22‚ letting him know that he was at his home to take his property.

“[He said] he was at my home with a truck and a locksmith to take my property. I told him there was a pending court matter and he told me to contact the school’s lawyer (he gave me the numbers) so as to give him any further instructions but‚ from where he stood‚ he was going to take the things because that’s the only instruction he had‚” he explained.

John says he was then sent back and forth between the lawyer‚ sheriff and the school‚ with no one being able to assist him to get the sheriff to cease and desist from taking his property.

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The school has declined to comment on the matter‚ saying that the school is not allowed to make media statements and that the matter has been escalated to the Gauteng Department of Education.

The department‚ however‚ said that it is not aware of the matter.

“The department is not aware of the matter. However‚ the issue of payment of school fees falls under School Governing Body jurisdiction‚” said the acting spokesperson Oupa Bodibe.

“Pretoria Girls High is a fee-paying school and parents have filled in binding contractual forms with the school on which they have agreed to pay fees. Therefore‚ [it] is a contractual obligation between the school and the parents‚” he added.

Bodibe further said that the department will only intervene when the school is excluding a learner academically due to unpaid of school fees by parents and advised parents struggling to keep up with the school fees to apply for a school fee exemption through the SGB or alternatively consider placing their children at no-fee schools.

Tim Gordon‚ CEO of the Governing Body Foundation‚ agrees and says that parents who are unable to keep up with payments need to apply for full or partial exemption from fees.

“The South African Schools Act does make provision for the school to take legal action and according to the Act‚ “[The school] may by process of law enforce the payment of school fees by parents who are liable to pay.

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“Those who haven’t applied for exemption or met the criteria for exemption and still don’t pay‚ those are the parents that the school will likely follow up with legally‚” he says.

“The legal recourse could include the annexure of assets but the school can’t take that decision — that is decided by the court [but] the court may not order an annexation of the parents’ dwelling.”

The impact of parents who do not pay school fees is significant‚ explains Gordon‚ as a school that is in a position where money is not coming in‚ will need to make other plans to save money.

“The number one area where savings can be made is in the removal of staff. The impact of this can be bigger classes‚ with less staff which will result in the deterioration of the teaching environment.

“Another impact could be a decrease in the number of sports offered in order to save money‚” he added.

According to Dr. Jean van Rooyen‚ provincial manager with the Federation of Governing Bodies for South African Schools (Fedsas)‚ “Non-payment varies tremendously. It can be as low as 10% ... with some schools where it is as high as 70%.

“It stands to reason that it puts fee-paying public schools in a serious predicament if the projected income based on the amount of school fees budgeted for does not materialise because of parents making themselves guilty of non-payment.”

*Not his real name