1. The Western Cape Education Department (WCED) strives to ensure that all schools under its jurisdiction implement and administer sound policies aimed at bringing about a fair and efficient administration.

2. Complaints and enquiries received from the public, pertaining to admission practices and the payment of school- and other fees, suggest that a number of provisions of the South African Schools Act (SASA), 1996 (Act 84 of 1996) are being disregarded.

3. The following are examples of reported malpractices:
3.1 Admissions
3.1.1 Parents are required to pay

  1. a non-refundable deposit to secure a place at the school; or

  2. registration fees, pre-admission- or re-admission fees, or any other fees at the time of application.
3.1.2 Schools do not make their admission policies available to parents, nor are they available on websites or other public platforms.
3.1.3 Parents are often not given reasons for a school refusing admission of their child.

Please note the following:

  1. When a parent has submitted an application for admission before the deadline, clearly stated reasons for non-admission must be provided.

  2. Providing clear reasons for an administrative action is a requirement in terms of section 5 of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000). The Act also stipulates that a response must be provided within 90 days after the date of receipt of an application.

  3. The admission policy of the WCED, issued under cover of Circular 26/2010, dated 24 August 2010, must guide all schools. Governing bodies must ensure that their schools’ admission policies are fully compliant with all relevant legislation.
3.2 Exemption from the payment of school fees

The attention of school governing bodies is drawn to the prescripts of the Regulations for the Exemption of Parents from the Payment of School Fees (published under Government Notice R1052 in Government Gazette No. 29311, dated 18 October 2006, as amended). The following have been reported:

  1. Parents who have been partially or fully exempted from paying school fees are required to pay a school fee exemption levy.

  2. Some schools refuse to provide parents with the application form on which to apply for school fee exemption.

  3. The admission of a learner is dependent on the ability of the parents or guardians to pay school fees.

  4. Parents who receive social grants are forced to pay admission fees and/or school fees.

  5. Foreign parents who have acquired residential and work permits are refused the right to apply for exemption from the payment of school fees.

  6. Parents are not informed of exemption policy.

  7. Parents who choose not to enrol their child at the nearest no-fee school, are told they cannot apply for fee exemption.

According to the Regulations for the Exemption of Parents from the Payment of School Fees, the following persons are totally exempt from paying school fees:

  • A person who has the responsibility of a parent in respect of a child placed in

    • a foster home,
    • a youth care centre,
    • a place of safety, or
    • an orphanage
  • A person who is a kinship caregiver of an orphan or of a child who

    • has been abandoned by his or her parents or
    • is without any visible means of support
  • A person who receives a social grant on behalf of a child

  • A child who heads a household
3.3 The definitions of "learner" and "parent" in the SASA cover all learners and parents, irrespective of their place of origin, as long as they qualify to remain in South Africa.
3.4 School fees

WCED Circular 16/2007, the content of which is self-explanatory, deals with school fees, as contemplated in section 39 of the SASA. However, it has been found that some schools are

  1. charging administration fees;

  2. charging non-refundable textbook levies;

  3. charging a compulsory development fee, which is sometimes refundable when the learner passes Grade 12;

  4. withholding report cards or transfer certificates because parents are unable to pay fees;

  5. barring learners from participating in the school’s extra-curricular programme because their parents are unable to pay school fees; or

  6. enforcing the payment of voluntary fees at no-fee schools.
4. It is incumbent upon the governing body, as chief custodian of the school’s finances and policies, always to act in terms of section 16 (2) of the SASA.

5. Schools must note that the admission policy of any school must be consistent with the Constitution and any applicable law. Sections 5 and 39 of the SASA, which deal with admissions and school fees respectively, are particularly emphasised for the purposes of this circular.

6. The WCED also wishes to draw the attention of principals of public schools to their obligations in terms of sections 16(3) and 16A 1(a), (2) and (3) of the SASA.

7. The WCED appeals to principals and governing bodies to be sensitive to parents when dealing with financial matters in these difficult economic times. All families in South Africa have been affected by the global economic meltdown. Section 41 of the SASA provides a procedure for the recovery of unpaid school fees.

8. Kindly bring the content of this circular to the attention of district office officials, members of governing bodies and school management teams.


SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2013:08:05

South African Schools Act, 1996 (Act 84 of 1996)  (size: 86 KB)
Government Gazette No. 29311  (size: 384 KB)