Can parents be forced to pay school fees?

Is it legal for schools to hand over unpaid school fee accounts to debt collectors?
The short answer is yes.
A concerned parent whose child attends a local school approached this publication recently complaining that a debt collection service had been harassing him and his wife about unpaid fees.
He also believed it was illegal for schools to use the services of debt collectors.
“SGBs represent the parent body, they are elected by parents.
“The parent body adopts a method of collection in a formal meeting which is implemented by the SGB,” explained Steve Mabona, the spokesperson for the Gauteng Department of Education.
He said the SGB of each school has processes regarding the collection of fees from parents, which method would be agreed upon by parents.

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According to the South African Schools Act 84 of 1996, section 41:
(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).
In section 39 (2b) the act says that the SGB, with the parents, also has the discretion to decide on the equitable criteria and procedures for the total, partial or conditional exemption of parents who are unable to pay school fees.
“It is a responsibility of a parent to inform the school about their financial circumstances and make arrangements with the school.
“Schools use fees to function,” added Mabona.
Moreover, according to the act, since the parent is liable to pay the determined school fees and has not been exempted the parent, may appeal to the head of the department against a decision of a governing body regarding the exemption of such parent from payment of school fees.

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