THE Durban High Court’s landmark ruling against a private school which excluded a pupil from writing exams because of outstanding school fees has been welcomed by both teacher unions and parents.
The ruling is yet to be ratified by the Constitutional Court, but were it to be, it would affect all private schools in South Africa.
The court ruled that schools could no longer stop pupils writing exams without following fair procedure.
A parent with a child at school in Berea, who cannot be named to protect the child, had also struggled to pay fees.
“I had not paid my daughter’s fees due to financial constraints, and I was called into school, to find my daughter in the principal’s office waiting for me to take her home,” she said.
She said she would pay the fees with her bonus in December, but the school would reject this and send her threatening letters.
She said fees increased from last year’s R73000 to R78000 for her daughter, who will be in Grade 8 at the school next year.
KwaZulu-Natal Department of Education spokesperson Kwazi Mthethwa said he welcomed the ruling.
“Education should not be reserved for the few.
“We welcome the ruling and we want to see all pupils at school, regardless of their financial status,” he said.
National Teachers’ Union president Allen Thompson described the ruling as a victory for parents who could not afford the exorbitant school fees, and called for a probe into possible collusion at private schools.
“We challenge the Competition Commission to investigate exorbitant fees at private schools.
“We will push the agenda next year by also involving the Human Rights Commission, because these schools are violating pupils’ constitutional rights,” he said.
Thompson lashed out at Minister of Basic Education Angie Motshekga for failing to regulate private schools.
He said the court ruling proved beyond reasonable doubt that she had failed to act against overpricing at these schools.
“We have complained to her that fees charged at private schools were unjust.
“It is unlawful for the minister to be complacent in this matter.
“We support the court decision, which has embarrassed the minister,” Thompson said.
SA Democratic Teachers Union provincial secretary Nomarashiya Caluza said the Constitution stated that the best interests of the child were paramount.
“It is always not good to punish a learner because of the sins of the parents,” she said.