MIDLAND

PRIMARY AND HIGH SCHOOL

Learn, Inspire & Achieve
14th February 2024

Dear Parents/Guardians,

RE: School Fees and Payment Procedures

We are writing to address important matters regarding school fees and payment procedures
at Midland Primary and High School.

Firstly, we would like to extend our heartfelt appreciation to all parents to continue to honor
their contractual agreement by ensuring that school fees are paid by the due date. Your
unwavering commitment to the school and your child’s education is appreciate.

However, it has been observed that non-payment of fees has been tolerated for some time
at MPHS. On average there are between 100-150 learners per month with outstanding
school fees by the 1st of every month. It has reached a critical point where this practice
threatens the sustainability of our school. As such, it is imperative that fees are paid promptly
to ensure the continued operation and quality of education provided to our learners.

To streamline the process and ensure accountability, we have implemented a structured

system for addressing non-payment of fees. Parents who fail to meet their contractual
obligations by not paying school fees will receive formal letters of demands after the 1st of
every month. There will be a series of three letter (a 1st, 2nd and 3rd letter of demand) sent out
and each letter will be at a cost of R250, this amount will be added to the account. Failure to
respond to these communications by settlement of the account, will result in the suspension
of services as well as the matter being handed over to the schools legal team, with
associated costs and interest added to the account. We understand that financial difficulties
may arise, and we urge parents facing such challenges to arrange a meeting with the
accounts department before the 1st of the new month to discuss their situation and provide
valid proof if unable to honor the monthly payment agreement.

We want to clarify that the biometric system implemented at our school is primarily for
learner safety purposes, aimed at preventing unauthorized access to the premises.
However, it is linked to our accounting system, and learners with outstanding fees may face
an automatic temporary suspension from class until the block is manually removed by a
technician. We acknowledge that this process requires time and effort, but it is essential for
maintaining the safety and integrity of our school environment.

Once you have received your monthly statement, you will be given a period of 10 days to
discuss any queries or concerns regarding your invoice/statement, we encourage you to
contact the accounts department within 10 day period should you experience the issue.
Prompt communication will help us address any discrepancies or questions efficiently. If you
do not receive your monthly statement by the 21st of each month, please email
accounts@mphschool.co.za
We appreciate your understanding and cooperation in adhering to these procedures. Our
primary goal is to provide a safe and conducive learning environment for all our learners,
and your support in fulfilling financial obligations plays a crucial role in achieving this.

Thank you for your attention to this matter. Please refer to the article published by
LegalWise, for further clarity on the matter of fee payment to private schools.

Know your rights - Unpaid school fees | LegalWise

“Unpaid school fees. Can a private school suspend a learner?

Mandy's daughter attends a private school and has been suspended due to non-payment of
school fees. Mandy wants to know if this is allowed and what rights they have.

The South African Schools Act 84 of 1996 ("Act") recognises both public schools and
independent ("private") schools. Public schools are controlled by the Government and
private schools, on the other hand, are privately controlled. This means that what applies for
public schools, will not necessarily apply for private schools and may cause some confusion
(especially in respect of suspension for failing to pay school fees).

The Act specifically prohibits public schools from taking action against learners for non-
payment of school fees, including suspension from class or withholding of school reports.
However, this part of the Act does not prohibit private schools from suspending learners due
to the failure to pay school fees. This means that private schools may refuse to admit
learners and may suspend learners whose parents are unable to pay the schools fees.

The difference between public and private schools is that there is a commercial relationship
between the parents and the private school that is governed by the agreement they entered
into. This agreement must be carefully looked at to establish whether the private school is
allowed to suspend the learner for non-payment of school fees. This might be set out in
specific wording in the agreement, alternatively it can form part of the cancellation remedies
allowed to the private school in the event of breach by the parents. A breach of the
agreement can occur where terms and conditions of the agreement are not followed, for
example, failure to pay school fees.

The agreement may also include certain procedures that must be complied with before a
decision can be made to suspend a learner. These procedures include rights that parents
have under the agreement, for example, that parents must receive sufficient warning prior to
the suspension (such as a written letter of demand). This will give parents time to find a way
of possibly settling the outstanding school fees or to make arrangements for the learner to
be enrolled in a new school.

The Constitution provides that everyone has a right to basic education and this applies to
public schools. A recent Constitutional Court judgment stated that a private school cannot be
forced to provide a basic education, but a private school should not unreasonably impair the
basic education it provides to its learners. This confirms that before a private school decides
to suspend a learner for failing to pay school fees, a reasonable procedure must be followed
to ensure that all circumstances are taken into account.

During the COVID-19 pandemic, private schools are encouraged to enquire into the reason
for the failure to pay school fees and make a reasonable decision. If the parents are not
satisfied with the results, they can approach the governing body of the school. If, after
approaching the governing body, the parents are still unsatisfied with the outcome, they can
approach the Independent Schools Association of Southern Africa ("ISASA") or the
Department of Education.

Did you know…Private schools can suspend learners for the failure to pay school
fees based on the agreement between the school and the parents.”

Sincerely,

_________________________ ___________________________
Mr M. Govender Mrs S. Padayachy
Principal Principal
Primary School High School