Introduction
The South African Schools Act stipulates that “a parent is liable to pay the school fees determined in terms of section 39 unless and to the extent that he or she has been exempted from payment in terms of the Act.” This provision essentially confirms the common law duty on all parents to maintain their children. However, the Act expands on this duty by defining a “parent” to include various categories, such as the parent or guardian of the child, the person legally entitled to custody of the learner, or the individual undertaking to fulfil the obligation towards the learner’s education at school.
Interpretation of the Definition of “Parent”
In legal proceedings, particularly concerning the payment of outstanding school fees, the interpretation of the term “parent” has been subject to scrutiny and judicial review. The case of Bestuursraad van die Laerskool Sentraal, Kakamas v Van Kradenburg highlighted a narrow interpretation of “parent,” limited to the custodian parent alone, excluding non-custodian parents from liability for unpaid school fees. This ruling drew upon prior decisions, such as Bestuursliggaam van Gene Louw Laerskool v Roodtman, where the term “parent” was similarly restricted to the custodial parent.
However, a significant shift in interpretation occurred in the case of Fish Hoek Primary School v GW, where the Supreme Court of Appeal broadened the scope of the term “parent.” This landmark decision ruled that “parent” in the South African Schools Act encompasses any parent of the child, irrespective of custody arrangements or parental authority. Thus, both custodial and non-custodial parents could be held accountable for outstanding school fees.
Implications and Legal Foundations
The liability for school fees under the South African Schools Act is firmly rooted in the common law duty to maintain children. However, beyond this foundational principle, various legal frameworks may also support such liability. Contract law, the concept of household necessaries, stipulatio alteri, negotiorum gestio, and unjustified enrichment are among the legal doctrines that may underpin claims for unpaid school fees.
Conclusion
The South African Schools Act significantly broadens the scope of individuals liable for school fees, encompassing not only parents but also guardians, custodians, and those voluntarily undertaking responsibility for the child’s education. While interpretations of these categories may vary, the Act empowers educational institutions to pursue payment from any party falling within the defined parameters of liability. This legal landscape underscores the importance of ensuring financial support for public education and the fulfilment of children’s educational needs.
