| (2) | The exemption from payment of school fees must be calculated according to the regulations contemplated in section 39(4). |
| (2A) | Notwithstanding subsection (2), a parent may submit to the governing body an affidavit, as proof that the other parent of the learner— |
| (b) | is unwilling to provide the first-mentioned parent with particulars of his or her total annual gross income; |
| (c) | has failed to provide the first-mentioned parent with particulars of his or her total annual gross income despite the lapse of a reasonable time after a request by or on behalf of the first-mentioned parent that he or she do so; or |
| (d) | has provided the first-mentioned parent with incomplete or inaccurate particulars about his or her total annual gross income and has refused to rectify the deficiency or has failed to do so despite the lapse of a reasonable time after a request by or on behalf of the first-mentioned parent that he or she do so. |
[Section 41(2A) inserted by section 30 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]
| (2B) | Although the affidavit contemplated in subsection (2A) constitutes sufficient proof, a parent may also submit to the governing body a court order or any other documentary evidence that would support the proof contemplated in subsection (2A). |
[Section 41(2B) inserted by section 30 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]
| (3) | The exemption from payment of school fees in terms of this Act is calculated retrospectively from the date on which the parent qualifies for the exemption. |
| (4) | A public school may act in terms of subsection (1) only after it has ascertained that— |
| (a) | the parent does not qualify for exemption from payment of school fees in terms of this Act; |
| (b) | deductions have been made in terms of regulations contemplated in section 39(4), for a parent who qualifies for partial exemption; and |
| (c) | the parent has completed and signed the form prescribed in the regulations contemplated in section 39(4). |
| (5) | Despite subsection (4), a public school may act in terms of subsection (1) if— |
| (a) | that school can provide proof of a written notification to the parent delivered by hand or registered post that the parent has failed to apply for exemption contemplated in section 39; and |
| (b) | despite the notice contemplated in paragraph (a), the parent fails to pay the school fees after a period of three months from the date of notification. |
| (6) | A public school may not attach the dwelling in which a parent resides. |
| (7) | A learner may not be deprived of his or her right to participate in all aspects of the programme of a public school despite the non-payment of school fees by his or her parent and may not be victimised in any manner, including but not limited to the following conduct: |
| (a) | Suspension from classes; |
| (b) | verbal or non-verbal abuse; |
| (i) | cultural, sporting or social activities of the school; or |
| (ii) | the nutrition programme of the school for those learners who qualify in terms of the applicable policy; or |
| (d) | denial of a school report or transfer certificate. |
