South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 4 : Funding of Public Schools41. Enforcement of payment of school fees |
| 1) | A public school may by process of law enforce the payment of school fees by parents who are liable to pay in terms of section 40. |
| 2) | The exemption from payment of school fees must be calculated according to the regulations contemplated in section 39(4). |
| 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; |
| c) | denial of access to- |
| 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. |