Can a school legally withhold my child’s report and force her to sign an acknowledgement of debt on behalf on a parent?

The long answer

It’s true that, in many cases, schools victimise the children of non-paying parents and exclude them from taking part in school activities. This is forbidden. As is withholding your daughter’s school report because of unpaid fees.

Section 41(7) of the Schools Act says explicitly that a learner may not be denied access to his or her report card, academic records, or transfer certificate as a result of outstanding school fees. The Act also requires the recovery of school fees to be pursued through correct legal processes and not through punitive actions against children.

Let’s look at exactly what the school must do to comply with the Schools Act as far as school fees payments go: 

The South African Schools Act (SASA) makes both parents jointly and severally liable for school fees. This means that the school can sue either parent or both (my emphasis), for the full amount, regardless of divorce or custody agreements.

Obviously, if the school chooses to pursue you rather than your ex-husband, this places a huge additional financial burden on you. Neumann Van Rooyen Attorneys says that the Schools Act allows a school to hand over an account in arrears if:

• The school has proof that a parent was notified in writing, either by hand or registered mail, that they have not applied for a school-fee exemption; 

• If the parent was eligible for a fee exemption, those deductions have been made to the total amount of school fees payable; 

• The parent has not paid the school fees after three months from the date this written notice was sent.

But you do not have to pay lawyers to sue your ex-husband for the school fees: you can approach the Maintenance Court (which is attached to the Magistrate’s Court) and this is free. You can file an application at the Maintenance Court for arrears, detailing the amounts owed and applying for a warrant to attach his assets or salary.

These are the steps to take:

1. Go to the Magistrate's Court in your area and speak to the Maintenance Officer. (They don't require a lawyer.)

2. Give them the existing maintenance order and details of the non-payment.

3. The Maintenance Officer can then apply for:

• A Warrant of Execution (to seize assets)

• Salary Attachment Order (garnishee order)

• Debt Attachment Order

• Criminal Prosecution (The non-payment of maintenance is a criminal offence that can be punished by up to three years in jail, a fine, or both.)

To escape this punishment, the respondent must show to the satisfaction of the court that he could not pay maintenance due to a lack of money or income.

If you don’t know where your ex-husband is, a maintenance investigator will track down and find him. It is now legal for them to use cellphone information if necessary.

The court must focus on the best interests of the child, and the law ensures that the child is entitled to support.

Wishing you the best,
Athalie