By: Benni Mudau
The South African Constitution guarantees that every child has the right to access basic education. However, for siblings Lebogang* and Tebatso Ngcobo* – grade eight and ten learners respectively – from the New Horizon College, a private school in Harrismith in the Free State, this right was seemingly violated.
For the past five years they have attended New Horizon College. However, in September 2024, the boys’ schooling journey was abruptly cut short following financial hardship after their father, Nimrod Ngcobo*, lost his job. This resulted in arrears of their school fees, which amounted to R5108.31.
During their third term exams, the children were informed that they could not return to school until their outstanding fees were settled.
A case in point is the 2018 matter of N.F.M v John Wesley School and Another in which the KwaZulu-Natal High Court ruled that, before a learner is suspended, a warning must be issued, after which payment arrangements must be made to settle fees or else the learner must be enrolled at a new school. This case emphasises the obligation of schools to minimise the negative impacts of fee-related exclusions of learners.
But New Horizon College failed to adhere to the law.
As this played out, the sibling’s father’s efforts to get them back into class proved futile. His pleas with school management yielded no results and the pair were unable to complete their September exams. From October 2023, Mr. Ngcobo was compelled to keep his children home in Intwabazwe in the Free State as he could not pay their school fees.
As the year drew to a close, transferring them to a public school proved impossible without their third-term report cards and school transfer letters. This after they were informed by the principal that they could not receive their report cards and transfer letters until their outstanding fees were paid – a violation of the National Protocol for Assessment of grades R-12, which prohibits schools from withholding report cards under any circumstances
On 17 January 2025, Mr. Ngcobo again visited the New Horizon College to request the children’s school documents – but he was once again met with demands for payment.
Desperate for an intervention, he sought assistance from Free State’s Acting Education District Director, Thabang Phatoli.
Mr. Phatoli accompanied the boys’ father to the school. Despite his intervention, New Horizon College remained resolute and suggested a payment agreement, one which the children’s father could not afford as he was still unemployed.
On 25 January 2025, Mr. Ngcobo sought further assistance from SECTION27 where he was assisted by paralegal, Kholofelo Mphahlele. Ms Mphahlele and SECTION27’s Head of Education Rights, Zeenat Sujee, emailed a letter of demand to the school in which they urged the New Horizon College to provide the learners with their term three report cards and transfer letters. But no response was forthcoming.
On 29 January 2025, a second letter of demand was emailed to the school reiterating the request.
On 30 January 2025, Ms. Mphahlele and Ms. Sujee interacted telephonically with Mr. Qekiso, a district official from the Free State Department of Education and requested his intervention.
On 3 February 2025, Mr. Qekiso negotiated a payment arrangement so that the school could hand over the children’s report cards. The school’s refusal to respond prompted further action.
On 10 February 2025, Ms. Mphahlele and Ms. Sujee contacted an advocate to prepare an urgent case against New Horizon College. Faced with impending legal action, the school relented two days later and provided Mr. Ngcobo with his sons’ report cards. Upon receiving the documentation, Mr. Ngcobo was able to enrol his children in a no-fee government school, allowing the boys to continue their education.
Mr. Ngcobo’s persistence, supported by SECTION27’s intervention, ensured that Lebogang and Tebatso could continue their education.
This case highlights yet again the importance of advocating for children’s rights to basic education and the need for schools to uphold their legal obligations by ensuring that financial difficulties do not impede access to education.
The Constitution states: “Everyone has the right to a basic education, including adult basic education”.
What is basic education? Who is everyone? Read more in our Basic Education Rights Handbook.
*Not their real names.
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