Legal Q&A

School Fees Exemption in South Africa: How to Apply

Any learner whose parents cannot afford school fees is entitled to full or partial exemption under the Schools Act. A school cannot turn away a child or withhold results for non-payment by an exempt parent.

Free South African Law

Direct Answer

Every public school in South Africa must grant full or partial exemption from school fees if a parent cannot afford to pay. No child may be refused admission or have their results withheld because of unpaid fees from an exempt parent. Apply in writing to the school governing body using the exemption form.

What the Law Says

Your Legal Foundation

South African Schools Act 84 of 1996

Section 5

“No learner may be refused admission to a public school on account of a parent being unable to pay school fees.”

South African Schools Act 84 of 1996

Section 39

“A school governing body must consider an application for exemption from the payment of school fees and must grant exemption if the parent is unable to pay.”

Constitution of South Africa

Section 29

“Everyone has the right to a basic education, including adult basic education; and to further education, which the state, through reasonable measures, must make progressively available and accessible.”

What to Do

Step-by-Step Guide

1Request the exemption form from the school secretary or school governing body (SGB). They are required to provide it. You can also use your own written application if no form is available.
2Complete the form honestly. You will need to declare your household income — all sources combined. For 2024, a household earning less than 10× the annual school fee is entitled to partial exemption; less than 3× qualifies for full exemption.
3Attach supporting documents: most recent payslips or bank statements for all income earners in the household, and proof of any social grants received.
4Submit to the SGB or the school principal. Keep a copy. The SGB must respond within a reasonable time (usually 30 days).
5If rejected unfairly, escalate to the Circuit Manager of the District Education Office. You can also lodge a complaint with the South African Human Rights Commission (011 877 3600).
6While the application is pending, your child may not be excluded from school or have their results withheld. Report any such action to the Circuit Manager.

What to Say

Exact Words to Use

“"My child has the right to basic education under Section 29 of the Constitution. I am applying for school fees exemption under Section 39 of the Schools Act. Please provide the exemption form."”

Tone: Formal, firm, in writing ideally

Common Questions

Frequently Asked Questions

Can a school refuse my child access because we owe fees?

No. Section 5 of the Schools Act prohibits refusal of admission based on inability to pay fees. Admitting a learner and then pursuing the parents for fees through the courts is the school's only legal option if exemption is not granted. Locking a child out of class is unlawful.

Can the school take parents to court for school fees?

Yes. A school governing body can pursue parents who are able to pay but choose not to through the Small Claims Court or Magistrate's Court. However, this only applies to parents who have not applied for exemption or whose exemption application was legitimately refused.

Are no-fee schools exempt from this process?

If your child attends a no-fee school (typically Quintile 1, 2, or 3 schools), there are no school fees and no exemption process is needed. No-fee schools receive direct funding from the government and cannot charge parents for tuition.

What if the school is withholding my child's report card?

This is unlawful. A school may not withhold a report card or examination results because of unpaid fees — especially if an exemption application has been made or if you cannot afford to pay. Report this to the Circuit Manager at your local District Education Office immediately.

Get Help Now

Resources & Helplines

District Education Office

Via DHET provincial offices

Each province has district education offices with circuit managers who handle school complaints.
SAHRC

011 877 3600

South African Human Rights Commission — handles education rights violations.
Legal Aid SA

0800 110 110

Free legal advice on education rights.

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