Frequently Asked Questions

Schools and Parents alike often have several questions on what can and cannot be done in respect of collecting school fees after a non-paying parent has defaulted on payments. 

It is important to note that, there is a distinctive difference in how Independent Schools and Public Schools are governed. 

In respect of Independent Schools, the obligation to pay school fees flow from the contractual agreement between parents and the school. If a parent defaults on school fee payments, they would be in breach of the agreement and the school is entitled to send a 20-business day Letter of Demand in which they demand outstanding payments. Should the parent fail to remedy this breach, the Independent School is entitled to follow various debt collection options.

In contrast, Public Schools are governed by the South African Schools Act (“SASA”) together with its corresponding regulations. Public School parents are afforded greater protection should they default on school fee payments in comparison to Independent Schools. An evident example is that Public Schools can only take legal action against defaulting parents once they have determined whether the parents qualify for an exemption (or partial exemption) from payment and, if so, only once the appropriate deductions have been made to the amount owing. Although Public Schools can take action against parents for defaulting, the school must notify the parent in writing that they have failed to apply for an exemption and that they failed to pay their outstanding fees within three months of being notified. Regardless, this still gives defaulting parents an additional three months to address the default.