Durban school not allowed to suspend pupils from online classes over fees

A Durban school can no longer suspend pupils from virtual classes for defaulting on school fees.

A consent order granted by the Durban high court on Monday has ordered the Durban North Primary School to refrain from contravening the Schools Act by excluding pupils from online lessons because their fees were in arrears.

The grade 4 and 7 pupils, whose father filed an urgent application against the school on Friday, will now be given access to the school's online classes for children with comorbidities or high-risk family members.

The school has been holding online classes - a livestream of the actual lessons by the teacher - to children who could not be in school.

However, in a letter sent out on June 25, the principal said if school or aftercare fees were in arrears, the school would not accept a child's request to join the online class.  

The father's attorney, Pregen Govindasamy, told TimesLIVE on Tuesday that the obligations of parents to pay school fees or apply for any exemption was irrelevant to the legal dispute, which involved the rights of children that are protected in terms of  the constitution and the Schools Act.  

"In fact, the application was brought by the children wherein their father acted on their behalf as their natural guardian. In light of our firm's commitment to children’s rights and the enforcement thereof, our firm assisted the family on a pro bono basis,” said Govindasamy

In court papers, the father said his 12-year-old, referred to as K, was asthmatic. Therefore, after presenting a doctor's certificate to the school, it was decided that his two children would take up the online option.

"Formal lessons started in the first week of June. K attended the online classes whilst other children physically attended school," he said.

"It is instructive to mention that prior to school resuming lessons, in accordance with the minister's directive, online classes were already being conducted on an ad hoc basis. Both K and L [the grade 4 pupil] were attending these classes. Both K and L have been suspended from their online classes."

On Thursday, the children's mother was informed that they were denied access as their school fees were in arrears. She was informed that the decision to suspend children, whose schools fees were not up to date, was taken by the school governing body (SGB).

The mother then wrote to the principal demanding that the SGB withdraw its decision.

However, he failed to respond.

In his affidavit, the father admitted that he was in default of his obligation to pay school fees, but argued that he had a right to seek partial or conditional exemption to pay fees in terms of the Schools Act.

He did not disclose the amount owed to the school.