Legislation 

Werksmans said that the governing legislation for schools is the South African Schools Act which distinguishes between public and independent schools.

“Public schools perform the constitutional function of providing basic education in terms of section 29(1) of the Constitution,” it said.

“As such, the Schools Act prohibits the refusal of admission, suspension or expulsion of a learner due to the non-payment of school fees in order not to deprive learners of their right to basic education.”

Werksmans noted that in terms of section 40 of the Act, parents of learners in public schools are liable for school fees, but can be exempted from the payment of school fees to the extent that they are unable to pay.

“Depending on whether a parent has suffered a reduction in salary or has become unemployed, the exemption may be partial or full.

“According to a statement made by the Western Cape Education Department, where parents have been rendered unemployed due to the national lockdown, they should apply to the head of the School Governing Body for exemption from fees in terms of section 40.

We hereby seek a partial or full exemption of payment of school fees for the period beginning on April 1 till the commencement of physical classes.