If one considers Mhlongo v John Wesley School and Another, the Court held that a school could not rely on any contractual agreement between themselves and the parents as the exclusion or suspension provision was not found in the contract in operation. The School had sought to suspend the student for non-payment based on a policy document of the Independent Schools Association of Southern Africa (“ISASA”), to which the school is a member of.

It is evident from this Constitution and in this judgment, that the best interests of the child are of utmost importance and therefore, the school has a duty not to inhibit with a child’s right to education. An exclusion or suspension policy MUST be a means of last resort and should a suspension be followed; due process must be followed as set out in SASA and the case itself. This included providing satisfactory warning prior to implementing the policy and making an arrangement to settle outstanding fees.

After obtaining judgment to do so, and as per St Charles College v Du Hecquet De Rauville and Others. The Court in this matter found that, certain factors such as “the circumstances in which the debt was incurred; any attempts made by the debtor to pay off the debt; the financial situation of the parties; the amount of the debt; whether the debtor is employed or has a source of income to pay off the debt,” and any other factor relevant to the particular facts of the case must be brought before the court prior to obtaining judgement.

Yes, but only after a 20-business day Letter of Demand has been sent by registered post and / or by hand and 3 billing cycles have passed.

Yes, unless an exemption or partial exemption has been granted to the Parents. Should a Parent be granted a partial exemption, they are still liable for the remaining balance and can be listed for this remaining amount if due procedure has been followed. 

The school must notify the parents in writing that they have the right to apply for an exemption or partial exemption of school fees. Should the parent have already applied and were unsuccessful or neglected to apply despite notice, the school must notify them of this in writing. 

A Letter of Demand must also be sent by registered post and / or by hand and 3 billing cycles must have passed.

No, a Public School cannot act against a student for the parents’ failure to pay school fees. 

In respect of admissions, per section 5(3)(a), “no learner may be refused admission to a Public School on the grounds that his or her parent is unable to pay or has not paid the school fees determined by the governing body under section 39”.

Yes, after obtaining judgment to do so.

However, a duty still lies with the school to remind the parent to apply for an exemption.

The school must notify the parents in writing that they have the right to apply for an exemption or partial exemption of school fees. Should the parent have already applied and were unsuccessful or neglected to apply despite notice, the school must notify them of this in writing prior to obtaining a judgement. One may assume that the factors of the abovementioned case will also be considered prior to obtaining a judgement.

It’s clear from the above, that there are various factors schools and parents must consider in school fee payments.

To be able to complete the process on your device, your device must: 

·       Accepts SMS’s (Connection to working cellular network)

·       Have a working camera

·      Have an active connection to the internet (Wi-Fi , LAN or cellular network data)

·       If using a data connection, you must have data available

The SMS link can be copied and forwarded to another cellphone, laptop; tablet; computer or device and used as long as it has:

·       Has a working camera

·       An active connection to the internet (Wi-Fi , LAN or cellular network data)

·       If using a data connection, they have data available

The ID Verification was requested by your employer, or perhaps a property manager, to help them verify your identity. 

They have chosen to use a biometric check from TPN Credit Bureau to verify your identity against the Department of Home Affairs and potentially confirm consent for a further check. 

The name of the person or company that made the request is included in the SMS messages you are receiving. If you are uncertain about why you need to do this check please call them about this. 

The  SMS reminders go out every 4 business hours until the process is either been completed or declined.

The SMS will say -  “ TPN Reminder: Please confirm your ID for <Company/Person who requested > by clicking here https://dea.tpn.co.za/<unique link>.

Not competing this request may have an impact on your application. 

Your HR person, or the person who initiated the check is able to send you a copy of the link either via email, sms or whatsapp.

If you are struggling to complete the ID Biometric / Selfie check on your phone due to the operating system, a broken camera or another issue with the phone, you can complete the process on any computer or another mobile device.

The link can be forwarded to a friend’s / colleagues mobile or a secondary device (eg.a tablet/ computer).

Prior to sending the link to another device please make sure that:

·  the device has a working camera and

·  an active connection to the internet, whether via Wi-Fi or data

·  has data available to access the link, and

·  the owner of the device is expecting the link and does not click on it.

Once the link is on the new device, click the dea.tpn.co.za link and follow on screen instructions.

The Criminal Check status now shows as Capture Fingerprints, how do we go about getting fingerprints captured so we can get the results?

There are two ways to get your fingerprints captures so the Criminal Check process can be sent to the SAPS for verification.

1.    TPN can come through to your school/ place of employment to capture of fingerprints for your employees. This service is available to all schools and employers who have more than 10 sets of fingerprints that will be processed on the same day*.

 *This service will incur an additional charge.

Please contact our Support Analyst on 0861 876 000 to arrange a suitable date and time.

 2.   Find a TPN Fingerprint Centre closest to you here

Trafalgar - Inner City

30 Joel Road

Berea

Johannesburg, Gauteng

www.trafalgar.co.za

Get directions

Trafalgar - Birdhaven

No 1 St Andrew Street

Birdhaven, Gauteng

www.trafalgar.co.za

Get directions

Circinus Security Services

10 Ebony Road

Primrose, Gauteng

www.circinus.co.za

Get directions

TPN - Rivonia 

1345 Rivonia Road

1st Floor South Block

Rivonia, Gauteng

https://mrisoftware.tpn.co.za

Get directions

Langa Security

3A Plantation Road

Edenvale, Gauteng

www.langasecurity.co.za

Get directions

Trafalgar - Pretoria

829 Stanza Bopape Street (previous Church Street)

Arcadia, Gauteng

www.trafalgar.co.za

Get directions

Trafalgar - Cape Town

Unit 12, M5 Park

Eastman Road, Maitland

Cape Town, Western Cape

 www.trafalgar.co.za

 Get directions

Trafalgar - Durban

141 K E Masinga (Old Fort) Road

Durban, KwaZulu-Natal

 www.trafalgar.co.za

 Get directions

Fohla Security cc t/a FSG Forensics

7 Cedar Road

Westville, KwaZulu-Natal

 www.fsgforensics.co.za

Get directions

Trafalgar - Port Elizabeth

2 Ascot Road

Mill Park

Port Elizabeth, Eastern Cape

 www.trafalgar.co.za

Get directions

Trafalgar - East London

Shop 11, The New Colonnade

Devereux Avenue

Vincent, Eastern Cape

 www.trafalgar.co.za

Get directions

TPN has various fingerprinting center's around South Africa. Use our online map HERE. 

Or to find your closest location click on your city:

Johannesburg

Pretoria

Durban

East London    

Gqeberha

Cape Town

The TPN Staff Screening Portal was created for Schools, to make compliance with the Sexual Offenders Act and Child Protection Act easier and to lessen the admin burden on the school.

While this was created with Schools in mind, it can be a useful application for all Employers who perform criminal checks on staff periodically.

Section 41 of the Sexual Offences Act requires all school staff (teachers, coaches, administrators, ground staff) to be checked against the Sexual Offences Register. 

The Children's Act, section 126, requires all school staff to be checked against the National Child Protection Register.

Both of these registers are based on criminal enquiries, cases awaiting trial and convictions.

TPN's biometric criminal check provides details on all convictions and cases awaiting trial.

And, for your convenience, TPN can resubmit previously captured fingerprints to save you time and the hassle of visiting your local police station or another TPN Fingerprinting station. To do this resubmit we require your Consent which we get using a Biometric ID "selfie" Check. 

To resubmit your fingerprints TPN asks for your consent by performing a biometric check using a facial recognition software called Curata. 

 The process is simple:

• You will receive an SMS from TPN with a url starting https://dea.tpn.co.za/xxxx
• Click the link
• The browser on your phone will open and the check may ask you for access to your phones camera - select Yes
• You will be asked to give us consent to use your previously captured fingerprints  - select yes

NB: If you select "No" to the consent question, the process will not be able to complete and you will be required to go to one of our centers for manual fingerprint scanning.

• Follow the onscreen prompts until the process has completed. 

You will receive an SMS that reads as follows:

“TPN: Please confirm your ID for <School Name> by clicking here https://tpn.curata.co.za<unique link>” 

This enables you to verify that who the link is from, and the link is genuine.  You may receive multiple links is you work for more than one employer.

•           Log into the Credit bureau

•           Click Credit Checks

•           Click Credit Check History

•           Type in the name or ID number of the person who you are searching for

•           Click “Apply filter”

•           A list of checks done on the person will show

•           Select the most recent check

•           Click “Click here to view the online report”

•           Click on “ID Biometrics” tab

•           See Selfie Link and use the copy button or mouse to select and copy. 

•           Resend to person either via email; WhatsApp or via SMS

Section 41 of the Sexual Offences Act requires all school staff (teachers, coaches, administrators, groundstaff) to be checked against the Sexual Offences Register. The Childrens Act, section 126, requires all school staff to be checked against the National Child Protection Register.

Both of these registers are based on criminal convictions.

TPN's biometric criminal check provides details on all convictions and cases awaiting trial. And, for your convenience, TPN can arrange biometric capturing at your school.

If you have previously captured fingerprints with TPN then you are able to resubmit these fingerprints for the criminal check without having to recapture the prints. 

Important to note: If the criminal check is being performed in terms of Section 45 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, then the consent of the applicant is required. 

I have just submitted a SACE / Criminal check on the staff screening portal and I received an error message – what does this mean?

Example:  Pop up error

Example: Error on Employee List under Criminal Check Status

Hover over Error message to see more details

This means that the name captured on your staff member’s profile does not correspond to the name captured on the Department of Home Affairs.

To ensure that the data we submit with the Criminal / SACE Check is accurate we do an ID Verification directly against the department of home affairs to confirm the ID number, Name and Surname do in fact belong to the person that you want to check against.

If we find the name or surname does not match this may mean:

·        The ID number is captured incorrectly

OR

·        The first name or surname has been changed or updated at the South African Department of Home Affairs.

To continue past this message you are required to verify the details against the staff members ID and to correct this record according to the Home Affairs system.

Updating the Name or ID Number:

·      You can update by Clicking the Click here, to update employee details on the error message OR click View and Update on the Consumer on Employee List

·        Update the given field

·        Click Update

·        Click Submit SACE Check or Submit Criminal Check on the Staff member

·        The system will then verify ID details and if correct give you a Success message with a CRC Number

TPN assists Public and Independent Schools alike to keep track of parents’ payment profiles, to pick up on payment trends, to send Letters of Demand when parents default, and where necessary, to adversely list parents per the process above. TPN’s data shows that parents are more inclined to pay if they know that, should they default, they are at risk of adversely affecting their credit profile. The opposite also holds true; it gives parents the opportunity - if they pay on time - to improve their credit record.

Let TPN help your School to collect your outstanding debts, so that educators can focus on what they do best - providing greater value to South African education for students from all walks of life.

• Login to TPN on https://mrisoftware.tpn.co.za/
• Click sign in and enter TPN username & password.
• Select Credit Checks from the blue ribbon at the top of the screen.

•  Select Perform a new consumer credit check.
• The system allows you to choose an enquiry either by ID number or passport number. To perform the check on a passport number, select change to passport number search to the right of the ID number field.
• Enter the ID number, first name, surname, current address, and cell phone number.
• If you are performing a passport number search, you will need to enter the nationality and date of birth of the applicant.
• Click Next >>

• The system will then ask for the Credex details, the ID verification and to confirm consent.
• Credex Score - there are 2 Credex versions available:
• Basic - probability of consumer defaulting in future.
• Silver - generates affordability based on consumer income and school fee amount (if you don’t have an income amount, choose Basic Credex)
• RSA ID Verification - verifies the ID number the applicant has given you against their surname.
• Verify Biometrics - a selfie check to confirm the consumers presence, remove risk of fraud, and verify their selfie vs home affairs photo. Confirms Marital status, Deceased indicator, ID number, name.
• Verified Online Bank Statements – request up to 6 months’ bank statements directly from bank to confirm affordability and comply with FICA (eliminate fraudulent documents)
• Verify Address - Perform a proof of address verification against the supplied addresses.
• NCA Compliance Declaration - verifying that you have consent to perform the credit check. Please ensure you retain the proof of consent for you records.
• Click Next>>

• By default, the EduCheck / SmartCheck enquiry will be selected.
• This enquiry includes the TPN and TransUnion enquiries, as well as account payment information, at a discounted rate.
• If you do not have access to the EduCheck / SmartCheck enquiry, you can select the TPN Individual Enquiry, the TransUnion Individual Enquiry and the Experian Individual Enquiry and then contact the Data department for information on how to get access.
• There are several additional reports that can be selected:
• Bank Account Verification - this verifies that the bank account does belong to the applicant.
• Qualification Check – this verifies and confirms qualifications held.

• Once you are satisfied with your selection of enquiries click Perform credit check >>

• The credit checks are processed immediately, and the next screen will display automatically.
• You will note at the top of the screen each enquiry is individually tabbed with the Summary Report displayed first.  You can click on each report that was selected to view it.
• On the left-hand side menu, you will be able to download, email or print full report as well as the condensed report.

Reminder:  All enquiries done are automatically saved in Credit Check History under the Credit Check Menu.

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.

No, in terms of section 25(12) and section 25(13) of the National Protocol on Assessment 2011, both Public and Independent Schools may not withhold an academic report for any reason. Section 25(12) states that the parents or guardians have the right of access to report cards of their children.

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.

When a school or employer selects "resubmit" on the TPN Staff Screening Portal, the staff member selected will receive an SMS from TPN to give consent to enable us to resubmit their previously captured digital fingerprints to the SAPS database for clearance.

The employer should advise their staff to expect the SMS, the SMS is worded as follows and has a clickable link:

 “TPN: Please confirm your ID for <School/ Employer Name> by clicking here https://dea.tpn.co.za/curata/<Inique link>”

The link is valid for 120  hours, so it is important to action as soon as possible.

To be able to complete the process, the staff member who is being checked needs to have a phone or device that:

·       accepts SMS's

·       has a working camera

·       has a working internet connection (can be via WIFI or data)

·       If using a data connection, they have data available.

 NB: If the user’s phone does not have any of the items above they are able to complete the link on a computer using the computers camera.

To complete the request the user should click the link, it will open a page in their favourite browser.

They may receive a message to allow the browser to access your camera, click yes to allow.

Follow the on-screen prompts to complete the verification.

Prior to declining the request, please discuss any concerns with your employer.  If the process is declined, then TPN will not resubmit your fingerprints and may result in your employer being liable for additional costs.