Household budgets remain under pressure as everyday living costs continue to rise, and many households are having to make difficult choices about how to make ends meet. FinScope reports that the number of credit-active South Africans increased to 30.7 million during 2025, with many using credit to cover essential purchases like food. Meanwhile, a Q2:2026 TransUnion report found that 39% of respondents expected to be unable to pay at least one bill or loan repayment in the coming quarter.
Against this backdrop, it is no surprise that school fees, often one of the largest fixed costs in a family budget, may be paid late, in part or not at all.
However, schools that withhold report cards, bar access to classes or exams, or threaten non‑readmission over unpaid fees, may be violating learners’ constitutionally protected right to basic education.
Clientèle Legal says that this position is particularly clear for public schools, where the South African Schools Act (SASA) ensures specific protections: “SASA prohibits a learner from being denied a school report or transfer certificate, deprived of participation in a school programme, or victimised because of unpaid fees. In fact, SASA states that while a public school may pursue unpaid fees after the applicable exemption provisions have been considered. The school may pursue the recovery of outstanding fees from the responsible parent or guardian, but the learner may not be excluded or victimised because of the unpaid fees.
This makes the fee-exemption process particularly important. Public school parents who cannot afford school fees can apply to the school’s governing body for a full, partial, or conditional exemption, depending on their circumstances. The school must provide information about the process and assist with applications. If an exemption is refused, parents can appeal to the provincial Head of Department.
The position is different at an independent school. Here, the relationship between the parent and the school is primarily contractual, so the fee agreement becomes important. Parents should therefore check what they committed to when their child was enrolled, including provisions dealing with payment deadlines, interest, penalties, suspension, termination and non-readmission. An independent school may have lawful remedies for non-payment, including debt collection, legal action or, where the contract permits it and the required process is followed, termination of the enrolment agreement, is subject to applicable legal requirements and procedural fairness.
This does not mean, however, that a school can simply take whatever action it chooses because fees are outstanding. The terms of the contract, the circumstances of the dispute and the way the school enforces its rights all matter. A June 2026 Johannesburg High Court interim order illustrates the point: after an independent school excluded three siblings over outstanding fees, the court ordered that the two Grade 12 learners be readmitted and allowed to attend classes and write assessments, while the broader dispute continued. This demonstrates how courts may intervene in certain circumstances where fee disputes affect learners, although each matter will depend on its own facts and contractual arrangements.
For parents, the practical message is to engage with an independent school as soon as it becomes clear that fees cannot be paid as agreed. Read the enrolment agreement carefully, ask what steps the school intends to take and, where possible, try to resolve the arrears before the situation escalates.
“If a school, whether public or independent, is denying admission or threatening to withhold your child’s records or reports because of unpaid fees, it is advisable to consult a legal professional,” says Clientèle Legal. “Getting legal advice early can help parents understand their rights and take the appropriate steps to safeguard their child’s education while a fee dispute is resolved.”
About Clientèle Limited
Clientèle Limited, a diversified financial services group listed on the JSE and a licensed controlling company of the Clientèle Insurance Group, has for over 30 years led South Africa’s direct distribution of easy-to-understand life and non-life insurance products via Clientèle Life (FSP15268) and Clientèle General Insurance Limited (FSP34655).
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