oa De Jure - 2010 2 SA 141 (SCA) : the meaning of the word "parent" for the purpose of determining liability to pay school fees

Volume 45, Issue 3
  • ISSN : 2225-7160



Fish Hoek Primary School sued a parent of a learner for the payment of R1,610.00 as outstanding school fees. Fish Hoek Primary School relied on section 40(1) of the South African Schools Act 84 of 1996 (SASA) which provides:

A parent is liable to pay the school fees determined in terms of section 39 unless or to the extent that he or she has been exempted from payment in terms of this Act.
The parent involved in this case, the natural father of a child born out of wedlock, denied liability. Liability was denied on the ground that he was a biological father and not a custodian parent who was liable for the payment of such school fees.

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