The inability of a parent to pay the private school fees of two matric learners and the fact that they may not be able to write their matric exams as a result at the end of the year will once again come under the spotlight in the Gauteng High Court, Johannesburg.
The court last month ordered the school (which is not identified to protect the two learners) to allow the learners back and to register them for the Independent Examination Board (IEB) examination. While the learners were allowed back in school, it came to light that they were never registered for the IEB examination.
The parent, assisted by Section27, will this week return to court in a bid to hold the private school in contempt of court. Last month, Section27 turned to court on behalf of the parent’s plight, which also included a Grade 4 pupil, after all three children were excluded from school for outstanding school fees.
The parent and the school have been engaged in ongoing disputes over fees for years. These disputes have led to the children facing ongoing disbarment from classes and school activities.
The school does not allege that the learners are academically unqualified, disruptive, or otherwise unsuitable to remain enrolled. Their exclusion is based solely on arrears. As a result, the children’s right to basic education hangs in the balance because of flouted procedures, Section27 said.
The school cancelled the contract with the parent in May but had failed to provide the parent and her children with an opportunity to make representations prior to the cancellation of the contract.
Section27 said the school ought to have upheld the best interests of the child principle and not have infringed the right to basic education and dignity. The organisation said the constitution does not prevent independent schools from enforcing contracts or recovering outstanding fees. Nor does it relieve parents of their financial obligations. It does, however, require that decisions affecting a child’s access to education, dignity, and future prospects be made lawfully and fairly and with the child’s best interests treated as paramount.
“The refusal to register the Grade 12 learners for the 2026 IEB examinations places them at risk of losing an entire academic year. This could have far-reaching ramifications for their education, their careers, and their futures in general,” Section27 said.
In the latest contempt of court application, Section27 said while the learners were readmitted to the school as per the previous court order, the school has still not fully complied.
Although the school has belatedly permitted them to return to their classes, the school has failed to fully reintegrate the learners into school activities. The school has also failed to register them for the IEB examinations despite the parent having paid the registration fees. According to Section27, the school has instead misinterpreted the order and furnished the parent with an invoice for all of the outstanding fees.
The school has opposed the application for contempt and filed a notice for leave to appeal instead. They argue that their notice suspends the court order and that they are not required to comply with the court order.
The school further argued that the learners should consider writing their matric exams privately and are not required to write the IEB exam. But Section27 countered this argument and said that the learners are already in their final year of schooling, and matric forms part of a learner’s right to basic education. The registration of the Grade 12 learners for the IEB examinations is key to their achieving the IEB and National Senior Certificate, which is central to the completion of their right to basic education.
Zelda Venter
iol.co.za
