The Eastern Cape education department has slammed a Nelson Mandela Bay school for reportedly withholding report cards over unpaid fees.
This follows complaints from some parents regarding David Livingstone Senior Secondary School’s alleged refusal to release their children’s reports due to outstanding school fees.
Education spokesperson Malibongwe Mtima decried the matter, saying no school was permitted to leverage a pupil’s report as collateral for an outstanding payment.
He said the department had instructed the school to ensure that all pupils received their reports.
“We are doing this because the SA Schools Act states that only parents have the responsibility to pay fees for the learners and as such a school should make arrangements directly with the parent.
“A child may also not be prohibited from taking part in any school activities, curricular or extra-curricular [due to unpaid fees].
“It’s against the law and constitutionally wrong.”
Teachers union Naptosa’s executive director, Basil Manuel, also said schools were not allowed to withhold a pupil’s report.
“It’s illegal,” Manuel said.
“The parent owes fees, not the child. And schools know this.”
Mtima and Manuel also referred to Section 29(12) of the National Protocol on Assessments for grade R to 12 pupils, which explicitly prohibits both public and private schools from withholding report cards under any circumstances.
The department says schools are obligated to explore alternative means of communication with parents and guardians when addressing unpaid school fees.
Additionally, the section states that it falls upon parents or guardians to make payment plans with the school.
A parent of a pupil at the Schauderville school, who declined to be named to protect her child, said she was in a difficult situation as she was informed she would not receive her child’s school report because she was behind on her fees.
“That’s why I decided to go to the media because my kid is now in trouble because of my money problems,” she said.
“I tried to work something out, like a payment plan, but they said I have to pay it all at once.
“I don’t even know how much it is — it’s very expensive.
“It’s a really embarrassing and unlucky situation. They make you feel really small.”
Another parent said it was “chaos” at the school on Friday as parents formed snaking queues to receive their children’s reports, while many were allegedly turned away, being told they needed to pay up.
A resident said: “People of our community are in need. It’s a madhouse.
“Parents say principals refuse to give reports to learners [because] they have outstanding fees or they don’t have registration money.”
Education expert Prof Susan van Rensburg said it was not just against the Schools Act but also a flagrant transgression of a basic human right.
“It’s against the right to education as per chapter two of the constitution,” she said.
“Beyond that, all teachers are registered through SACE [SA Council for Educators].
“So it is misconduct against the ethics of your profession.”
She said parents or guardians experiencing the withholding of their child’s report due to overdue school fees should report the matter to the education department.
She suggested this should be done as a group at the district office.
“They will need a person to take the lead and urge affected parents to rock up in solidarity to challenge the authorities.
“Bring copies of the law [the school has] transgressed and hand it over to officials.
“Demand to know when you will get the reports.
“And take the necessary photos and record keeping to report criminal charges.
“This is a possible strategy if reason does not prevail.”
Van Rensburg said problems often arose when parents spent money on expensive vehicles but refused to pay school fees.
“But the car company can repossess the vehicle, whereas the school cannot seize personal belongings.
“Some [schools] resort to blackmail by withholding reports.
“If parents are facing financial difficulties, they can apply for an exemption.
“On the other hand, if parents can afford to pay but intentionally withhold fees, they can be taken to the small claims court.”
HeraldLIVE
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