Gauteng High Court to weigh learners’ right to education after private school fee dispute

A Gauteng High Court hearing will consider whether independent schools may exclude learners over unpaid fees after a parent, assisted by legal organisation Section27, says her children were denied registration for their matric exams following a long-running fee dispute.

Case returns to court over alleged non-compliance

The parent, represented by Section27, is seeking to hold an unnamed private school in contempt of court after the school allegedly failed to register two Grade 12 learners for the Independent Examination Board (IEB) examinations.

According to IOL, the school was ordered by the court last month to allow the learners back at school and to register them for the IEB exams. While the learners were readmitted, Section27 says they were not registered for the IEB examinations.

Background: exclusions linked to outstanding fees

Section27 brought the matter last month on behalf of the parent after three children, including a Grade 4 pupil, were excluded from school for unpaid fees. The parent and the school have had ongoing disputes over fees for years, and the children have faced repeated exclusion from classes and school activities.

The school does not allege that the learners are academically unqualified, disruptive, or otherwise unsuitable; their exclusion is said to be based solely on arrears, Section27 said.

Allegations of procedural unfairness

Section27 says the school cancelled its contract with the parent in May but failed to provide the parent and her children with an opportunity to make representations before cancelling the contract. The organisation says the school should have applied the best interests of the child principle and must not infringe the right to basic education and dignity.

Section27 emphasised that the constitution does not stop independent schools from enforcing contracts or recovering fees, nor does it relieve parents of financial obligations, but it requires that decisions affecting a child’s access to education be made lawfully, fairly and with the child’s best interests paramount.

Contempt application and competing arguments

In the latest contempt application, Section27 says the school has not fully complied with the earlier court order: although the learners were allowed back into classes, they were not fully reintegrated into school activities and were not registered for the IEB examinations despite the parent having paid the registration fees.

Section27 also says the school provided the parent with an invoice for all outstanding fees and has been resistant to full compliance.

The school has opposed the contempt application and filed a notice for leave to appeal. The school argues that filing the notice suspends the court order and that it is therefore not required to comply. The school also suggested the learners could write their matric exams privately rather than through the IEB, the reporting says.

Stakes for the learners

Section27 told the court that registration for the IEB examinations is essential for the Grade 12 learners to obtain the IEB and National Senior Certificate and to complete their right to basic education.

“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 argues that matric registration is integral to a learner’s right to basic education.

What happens next

The matter will be heard in the Gauteng High Court, Johannesburg, where judges will consider whether the school’s actions unlawfully infringed the learners’ constitutional rights and whether the school has breached the previous court order.

According to IOL, the reporting on this case and the background facts summarised above were published by the news outlet.