Section 153 of the National Norms and Standards for School Funding states that school fees must not be allowed to become an obstacle in the schooling process, or a barrier preventing access to schooling.
No-fee schools in SA are legally prohibited from charging formal school fees, but they often pressure parents for “voluntary donations,” which is unlawful, especially when it prevents a child’s education.
While schools can encourage voluntary contributions or fundraising for extra resources, compelling payments, even for things such as security or tutors, or denying access for non-payment, violates the SA Schools Act (Sasa) and the constitutional right to basic education.
The act states that no public school in any quintile may charge any registration, administration or other fee, except for school fees.
Schools in SA are ranked according to a quintile system, where the poorest schools are at quintile 1 and the richest at quintile 5.
Quintiles 1, 2 and 3 schools are no-fee schools, and receive a determined funding proportion per pupil from the department of education.
The SA Schools Act 84 of 1996 especially refers to fundraising, stating it imposes a responsibility on all public school governing bodies (SGB) to do their utmost to improve the quality of education in their schools by raising additional resources to supplement those which the state provides from public funds.
The act provides that schools must be funded through public funds.
To address past inequities in the school funding model, the act allows for certain schools in more affluent areas to raise their own funds, while government subsidises pupils in poorer schooling areas in full.
All parents, but particularly those who have good incomes, are thereby encouraged to increase their own direct financial and other contributions towards the quality of their children’s education in public schools.
The act does not interfere unreasonably with parents’ discretion under the law as to how to spend their own resources on their children’s education.
In essence, there are two messages going out at the same time here.
The one is that no extra fee can be charged by the school, and the other is that SGBs are encouraged to raise additional funds and motivate donations from parents.
Schools can ask for a voluntary donation to cover extra expenses and activities.
This can lead to a situation in which the said R960 that pupils are being asked to contribute by a certain school in Cofimvaba, which might be called a voluntary donation, is not really voluntary.
The problem is that parents who cannot afford to pay a voluntary donation may feel they have to come up with the money, in case their children are discriminated against.
This mandatory donation fee is unlawful and unconstitutional.
Under the act, schools and SGBs are not authorised to demand mandatory donations from parents in low-income and no-fee schools.
Withholding books and other stationery as punishment for non-payment is unconstitutional and violates the pupils’ right to access education.
These actions by schools and SGBs in the province not only contravene the act but also infringe upon section 29 of the constitution, which guarantees the right to basic education.
Furthermore, section 5A of the act specifies that no pupil may be denied access to any educational resource due to their inability to pay a fee.
The punitive actions taken by these schools directly contradict this provision and perpetuate educational inequality.
Some of the glaring challenges faced by no-fee schools include that the state is not consistent and efficient in depositing financial allocations to schools.
This frustrates both the management and governance of schools, and hinders the flow of curriculum activities.
The provincial department of education should effect punctual deposits of school allocations so institutions can run their operational needs professionally, effectively and efficiently.
Mzontsundu Ngceba is a public servant in the Eastern Cape provincial administration. He writes in his personal capacity.
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