Crisis Guide

School Won't Give My Child Results Because of Fees — Is This Legal?

No. Withholding a learner's results for unpaid fees is unlawful under the Schools Act and violates the constitutional right to education. Here is exactly what to do.

Free South African Law

This is unlawful.

A school may not withhold a report card or examination results to pressure payment of school fees. Contact the Circuit Manager today.

Direct Answer

Withholding a learner's report card or results as a way of collecting unpaid school fees is unlawful. Section 29 of the Constitution guarantees every child the right to basic education — which cannot be disrupted for financial reasons. Contact the District Education Office immediately.

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.”

Constitution of South Africa

Section 29

“Everyone has the right to a basic education.”

Immediate Steps

What to Do Right Now

1Put your demand in writing to the school principal: demand the results within 3 days, citing Section 29 of the Constitution and the unlawfulness of withholding results.
2Apply for school fees exemption simultaneously if you have not already done so. This removes the basis for any fee-related action against you.
3Contact the Circuit Manager at the District Education Office immediately. Explain that the school is withholding results. The Circuit Manager can direct the school to release results.
4If the Circuit Manager does not act, escalate to the Head of Department (provincial) and the SAHRC (011 877 3600).
5Apply for fees exemption at the same time — this resolves the underlying dispute and prevents the school from continuing to use fees as leverage.

What to Say

Exact Words to Use

“"Withholding my child's results because of unpaid school fees is unlawful and violates Section 29 of the Constitution. I demand you release the results within 3 days. If you do not, I will report this to the Circuit Manager and the SAHRC today."”

Tone: Written, firm — send to principal

Common Questions

Frequently Asked Questions

Can the school prevent my child from writing exams because of fees?

No. This is even more serious than withholding results. No learner may be excluded from class, prevented from writing exams, or denied any educational benefit because of unpaid fees. Report this to the Circuit Manager and the SAHRC immediately.

Get Help Now

Resources & Helplines

SAHRC

011 877 3600

Education rights violations.
District Education Office

Via provincial DoE website

Contact Circuit Manager to intervene.

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