Unpaid school fees? Your child can still write matric. Here's the law

A public school may not stop your child from writing an exam because school fees are unpaid. The South African Schools Act says a learner may not be deprived of any part of the school programme, or victimised in any way, because a parent hasn't paid.

The rule is back in the spotlight after the Free State Department of Education suspended a QwaQwa principal this week. A Grade 12 learner at Selelekela Secondary School was allegedly turned away from her English First Additional Language Paper 3 exam on 15 October over outstanding fees, the department said. The principal was also the school's chief invigilator and has been suspended pending an investigation.

What happens to the learner who missed the paper?

She is writing her remaining papers on her personal timetable and has been given psychosocial support, according to department spokesperson Howard Ndaba, quoted by OFM. The deputy principal is now chief invigilator for the rest of the National Senior Certificate (NSC) exams.

The department is sending reports to Umalusi, through the national Department of Basic Education, asking for a concession on the missed paper so she doesn't have to rewrite it in June 2027. That concession still has to be approved, the department said.

What exactly does the law ban?

Section 41(7) of the Schools Act protects learners at public schools when fees are owed. A school may not:

• suspend a learner from classes
• verbally or non-verbally abuse the learner
• keep the learner out of cultural, sporting or social activities
• deny a qualifying learner the school nutrition programme
• withhold a school report or transfer certificate

The list is not exhaustive. The Act says "including but not limited to", and the Department of Basic Education states plainly that a learner cannot be excluded from any official school programme over unpaid fees.

For matric exams there is a separate rule too. After the QwaQwa incident the Free State department told chief invigilators at all public, private and independent schools that no candidate may be refused entry to an exam room over fees or anything unrelated to their eligibility to write, in line with DBE Examination Instruction E06 of 2026, OFM reported.

Can the school still make you pay?

Yes. Fees at a fee-charging public school are still owed, and the school can take legal action to recover them. But under section 41(4) and (5) it can only sue once it has checked that you don't qualify for an exemption, or after it has given you written notice (by hand or registered post) to apply for one and you still haven't paid three months later. A school may not attach the home you live in. Your child stays in school while any case runs, the DBE says.

How do you get out of paying fees?

Apply to the school governing body (SGB) for a full, partial or conditional exemption. Forms are available from the SGB through the principal, and the school must help you apply. The SGB has to tell you its decision in writing within 7 days of assessing your application, the DBE told Parliament.

If you disagree with the decision, you can appeal to the provincial Head of Department within 30 days of getting it. The school must help you lodge the appeal. Exemptions are calculated back to the date you qualified, so fees already charged can fall away. Schools may not charge fees for orphans, and learners at no-fee schools pay nothing, according to the DBE.

What should you do if your child is turned away?

Raise it with the principal and SGB first, in writing if possible. If that doesn't fix it, report it to your district education office or provincial education department. The Department of Basic Education's toll-free line is 0800 202 933.

For a missed NSC paper, report it immediately so the department can record what happened and, where it applies, ask Umalusi for a concession, as Free State is doing in this case.