Unpaid School Fees Are Rising, But So Are Legal and Emotional Stakes

How schools and families can work together to avoid crisis

Unpaid tuition fees are quietly becoming a national education emergency across South Africa. For principals trying to balance budgets, and parents trying to balance paychecks, the situation is reaching a tipping point.

As financial pressure mounts on both sides, it’s not just schools’ operational capacity at risk—it’s the quality of education itself.

The Legal Backbone of School Fees

Ashleigh Laurent, legal counsel at TPN from MRI Software, sees the tension unfold daily in her work with schools across the country. And she’s clear: while the law provides tools to manage the crisis, outcomes depend on how schools and parents engage with each other.

“The effectiveness of any legal process around tuition fees comes down to clear communication and mutual responsibility,” she explains. “A vague contract is a minefield for both sides.”

Schools, she says, must ensure every parent signs a proper agreement—one that includes exact fees, payment deadlines, and consequences for missed payments. It’s not just a formality. It protects both the institution and the family from future conflict.

What the Law Says Schools Must Do

Under the South African Schools Act and related Exemption Regulations, schools—particularly fee-paying public ones are required to inform parents each year of their right to apply for a fee exemption. This is not optional. It’s a legal duty.

According to Laurent, this responsibility lies squarely with the school governing body and the principal. They must not only send the notice but also guide families through the application and appeals process.

If a parent defaults and is not eligible for an exemption, schools can issue letters of demand, list defaulters with credit bureaus, or even pursue legal action—but only if it’s done lawfully and within the boundaries of the National Credit Act.

Parents: Know Your Rights, Fulfill Your Responsibilities

But legal duties aren’t one-sided. Parents must also do their homework—especially when times get tough.

“It’s not enough to be in financial distress,” Laurent says. “You must apply for an exemption every year. Schools are not obliged to guess your situation.”

Too many families, she adds, miss the deadline or assume their struggles are automatically understood. As a result, some fall deeper into debt when they may have qualified for assistance.

For those in severe financial hardship, the most practical—if painful—solution may be to move their child to a more affordable school. “It’s a difficult decision,” says Laurent, “but the reality is that staying and accruing unmanageable debt helps no one.”

If switching schools, parents must respect the required notice period. Leaving abruptly can lead to further penalties.

A Matter of Empathy and Action

Education should never be a casualty of economic hardship. The only way out of this crisis is for both sides to act—legally, fairly, and with understanding.

Schools need to comply with their obligations and treat families with dignity, while still protecting their ability to operate. Parents, in turn, must be proactive, transparent, and aware of their legal options.

“When communication breaks down, problems grow,” Laurent notes. “But when schools and families engage honestly, tuition debt becomes a challenge that can be solved—not a threat to a child’s future.”

Talk Early, Act Smart

Whether you’re a parent staring down a mountain of bills or a principal with a growing hole in your school’s budget, silence is the enemy. Transparency, legal awareness, and a shared commitment to children’s education remain the best and only path forward.

{Source: IOL}

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