By Angelique Serrao
Parents who cannot afford school fees can celebrate, but it's another setback for under-resourced schools.
A judgment given in the Durban High Court on Friday has ordered that schools have to inform all parents that they may apply for exemption from fees and they cannot be sued if they have been given that exemption.
The case was brought to the court by the Centre for Applied Legal Studies (Cals) at Wits University and two parents against Hunt Secondary School in Durban.
| 'We do feel sympathy for the school' |
The case was initiated by Cals last year as a test case to begin to address the nationwide failure on the part of many schools to enforce the legal framework protecting poor parents and pupils who cannot afford fees.
Hunt Secondary School sued single mothers Audrey Ngubane and Emily Ngwira for being in arrears with their fees.
Continues Below ↓
The women are both eligible for school exemptions and although they attempted to apply for exemption, their applications were not processed.
This goes against the South African Schools Act and the Human Rights Commission supported Cals on the basis that the actions of Hunt Secondary School are part of a systematic problem of non-compliance with the legal framework as evidenced in their right to basic education report released last year.
On Friday the court compelled Hunt Secondary School to obey the law protecting poor parents. They have to inform all their parents that they may apply for exemption, and if they qualify they will not have to pay.
"This case is important because it says that all schools have to act lawfully towards all of those who should be allowed exemption and is an example to all schools," said Faranaaz Veriava at Cals.
Veriava was quick to point out, however, that this is a bitter sweet victory because Hunt Secondary is a poor school with many poor parents.
"We do feel sympathy for the school," she said.
"Really this case highlights the insufficiency of funding by the state for schools, especially those that are under-resourced."
The director-general of the department of education, Duncan Hindle, said he was happy with the judgment.
- This article was originally published on page 2 of The Star on June 17, 2007
|
StumbleUpon
Reddit
Digg
Delicious
Newsvine
Facebook
muti
Twitter
