others Hunt Road Secondary School and others
15 June 2007
An application was brought on behalf of Audrey Ngubane and Emily Ngwira
against Hunt Road Secondary School in Durban, by the Centre for Applied Legal
Studies based at the University Of Witwatersrand. The applicants contended that
the school acted unlawfully in suing them for non-payment of school fees, they
contended that they were not notified of their right to apply for an exemption
and that given their income, they would have qualified for either a full or
partial exemption.
The South African Human Rights Commission (SAHRC) applied for and was
granted leave by the Durban High Court to be admitted as Amicus Curiae in this
matter. In 2006 the South African Human Rights Commission conducted public
hearings into the right to basic education (Section 29 of the Constitution of
the Republic of South Africa). The hearings were told that schools were not
informing indigent parents of their right to apply for exemptions and as a
consequence parents and children were being denied their constitutional and
statutory rights.
The Hunt Road Secondary School application was set down for argument on
Friday, 15 June 2007. The parties were able to reach and agreement and a
comprehensive order settling the matter which was approved by the High Court.
The salient features of the order are:
1. Hunt Road Secondary School is required to provide a schedule of all
actions instituted by it against parents for the recovery of outstanding school
fees from 26 January 2006 to the present.
2. The school is interdicted from proceeding against parents for the
non-payment of fees unless it is able to demonstrate, that it complied with the
requirements of the South African Schools Act and the regulations relating to
the exemption of school fees. More specifically, they have to show proof that
parents were notified and informed of the school fees exemption policy.
3. The school will write to all the parents of learners informing them of their
right to apply for exemptions from such fees and furnishing, the necessary
advice in this regard.
4. In the event of a dispute as to the contents of the letter, the matter shall
be referred to the South African Human Rights Commission for resolution.
5. The respondents were ordered to implement their obligations in terms of the
South African Schools Act.
The South African Human Rights Commission wishes to commend the parties in
resolving the dispute in a way, which affirms the constitutional and statutory
rights of indigent parents. Acting Judge Morley AJ expressed concern that the
Department of Education both at national and provincial level was not
represented in this matter and indicated dissatisfaction at the fact that the
school was not properly funded. The South African Human Rights Commission will
engage with the school and the department on these issues.
Enquiries:
Lorraine Molepo
Tel: 011 484 8300 ext 2092
Fax: 011 643 6472
Cell: 072 011 3621
Issued by: South African Human Rights Commission
15 June 2007
