Foreign Nationals!
CeeBee. ACSI Service Provider February 2023
When enrolling Foreign Nationals, we suggest that you consider either implementing a holding deposit or getting the parents to pay upfront.
It is difficult to collect from Foreign Nationals as…
- There is no database to credit list foreign passport numbers. As such we cannot credit list.
- Our tracing databases all work on South African ID numbers.
- Often Foreign Nationals are self-employed and don’t have bank accounts.
- By nature, Foreign Nationals are migratory, and as such it is difficult to serve summons as no fixed address is available.
Suspension due to non-payment of school fees
Can you suspend a learner due to non-payment of school fees? The answer is yes!
In the case of Moabela and Another v Curro Holdings Ltd t/a Curro Academy Soshanguve and other (39189/2021) [2021] ZAGPPHC 498 (12 August 2021), a precedent was set with regards to non-payment of Private School fees.
In this case, the parent was asked to remove his son from the school due to non-payment.
In terms of the contract signed by the parent, he was the one who was liable to pay the school fees. The contract further stipulated that parents are afforded a specified time to remedy the breach in respect of school fees. Should the parent not remedy the breach, the school would be entitled to cancel the contract and require the learner to leave the school.
The parent asked the court to overlook his breach of contract and order the school to continue to allow the learner to attend the school.
The application was dismissed by the court and the following statement was made by Judge Basson:
“The applicant now seeks an order that the Court sets aside the school’s decision to exclude the learner from the school, on the basis that the school fees have not been paid and effectively order Curro to continue with a contract that was breached by him (the applicant). I can find no reason to grant the relief. I should also mention that the applicant submitted that the court should consider that the learner has a right to education. I have duly taken that into account. I am not persuaded that the learner has been deprived of that right. The learner is only prevented from attending Curro (which is not a government school) due to the non-payment of school fees. The application also did not place any facts before this Court to show what steps have been taken by him to enrol the child in any other school”.
CeeBee does Summonses and Judgements at no cost to the school!
This includes the sheriff fees, for which we carry the cost. We have an extensive network of corresponding Attorneys countrywide.
This means that no school is out of reach for CeeBee!
Our legal team will also provide legal advice on matters related to our expertise, at no charge to our schools.
From the Desk of Megan Oosthuizen (BCom)(LLB)
Legal Advisor – CeeBee Debt Management Services (Pty) Ltd