Yes,
in terms of the definition of “parent” in section 1 of SASA, a school may
demand the payment of school fees from both of the parents of a learner. It is
imperative to note that, both parents are responsible for their child’s
education. Regardless of whether parents are married / not married / divorced,
they are jointly and severally liable.
If
the parents are divorced and the divorce order, for example, instructs the
father to pay maintenance or the child’s school fees, the school is still in a
position to demand payment of school fees from both parents as the
order is binding on those party to the divorce proceedings. As the school is
not party to these proceedings, they do not have to abide to the order.