| 1. |
The Western Cape Education Department (WCED) acknowledges and appreciates the positive role played by school governing bodies (SGBs) in the financial management of our public schools, as well as in supplementing the financial resources provided to these schools by the department. Compulsory school fees remain an important source of additional funds in public schools that have not been declared no-fee schools. |
| 2. |
However, the WCED occasionally receives complaints from parents about SGBs of fee- paying schools who do not abide by the Regulations Relating to the Exemption of Parents from the Payment of School Fees (2006). Complaints received vary, and include such matters as refusals by schools to provide parents with the official application forms, the SGB's refusal to consider applications where parents do not provide all the information required, failure to notify parents about the results of their applications, and failure to adhere to prescribed procedure before enforcing payment of school fees by process of law. |
| 3. |
The WCED wishes to emphasise the following important stipulations, which appear in the above-mentioned Regulations and which the SGBs and school principals must apply when dealing with applications for exemption: |
| 3.1 |
Regulation 3(1)(e) stipulates that, if a parent is in arrears by one month or more, the governing body must investigate whether the parent qualifies for exemption from payment before acting in terms of Section 41(1) of the South African Schools Act (SASA),(Act 84 of 1996). It often happens that a legal process is instituted by a school against the parents to recover outstanding school fees, without first applying the above stipulation. Regulation 3(1)(e) is also subject to section 41(4) of the SASA. |
| 3.2 |
In terms of Regulation 4(1), applicants must apply in writing annually to the chairperson of the SGB, by completing the form contained in Annexure B of these Regulations. The principal of the relevant school must supply the applicants with the form. |
| 3.3 |
Regulation 4(2) stipulates that the applicant must furnish such further relevant particulars as the governing body may request. Regulation 9 (3) stipulates that no parent may be disqualified on the grounds that their application is either incomplete or that the form has been incorrectly completed. Single parents, in particular, experience many difficulties in providing information about the non-custodian parent. |
| 3.4 |
Parents' financial circumstances may change during a particular school year, in which case the parents may apply for exemption for the remaining part of the school year or until such time as their circumstances improve during the school year. In terms of Section 41(3) of the SASA, the exemption from payment of school fees is calculated retrospectively from the date on which the parents qualify for exemption. |
| 3.5 |
The SASA and the said regulations do not exclude the parents of learners who do not attend their nearest school from applying for exemption from the payment of school fees. All parents who cannot afford to pay school fees are eligible to apply for exemption from payment, no matter where they reside. |
| 3.6 |
SGBs and schools should also bear in mind the following when calculating whether the parent(s) qualifies/qualify for exemption from payment of school fees in terms of the Regulations: The combined annual gross income of parents will be either the annual gross incomes of the parents added together or, if a learner has only one parent, the total annual gross income of that parent. |
| 4. |
In terms of the Regulations, the Head of Department is the appeal authority with regard to the exemption of parents from the payment of school fees. However, the Head of Department can rule on a specific case only when the parents want the decision of the SGB to be reviewed on appeal. All other issues relating to school fees and the exemption from the payment of school fees must be resolved between the parents and the SGB. |
SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2011:04:04
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