Durban: While most parents and guardians have received their children’s school report for the 2024 academic year, there have been incidents where schools are illegally withholding reports of some pupils over outstanding school fees.
Section 29 (12) of the National Protocol on Assessments for Grade R to 12, which prohibits public and private schools from withholding report cards for any reason.
“The parents or guardians have the right of access to report cards of their children. Schools may not withhold report cards from learners for any reason whatsoever,” states the National Protocol.
DA KZN spokesperson on Education and member of the provincial legislature, Sakhile Mngadi, said the DA has received numerous complaints from concerned parents, stating that certain schools are withholding their children's report cards due to unpaid school fees.
He said this practice is not only unjust; it is also illegal.
Mngadi said he has written a letter to KZN Education MEC Sipho Hlomuka, requesting that the department issue a circular instructing schools and educators to refrain from threatening to withhold pupils’ report cards for any unlawful reasons.
While he encouraged parents who are in a position to settle any outstanding fees to do so, Mngadi said it was essential that no pupil be made to suffer due to their parents' financial circumstances.
“No principal has the right to withhold a report card as a form of punishment or pressure.”
“The withholding of report cards for any reason related to unpaid school fees is in violation of the South African Schools Act and the National Protocol of Assessment of 2011, and such complaints will be investigated thoroughly,” said Mngadi.
“Should it be determined that schools are acting unlawfully, KZN’s Department of Education (DoE) must take appropriate steps to address the situation and hold those responsible accountable,” said Mngadi.
The Mercury has also been informed by a parent whose child attends a primary school in Durban that the report card was not issued due to outstanding school fees.
The National Association of School Governing Bodies (NASGB) said withholding report cards is unacceptable.
NASGB general secretary Matakanye Matakanya condemned this type of action by anyone at a school, including principals and SGBs.
“It is unlawful. The contract (for school fees) is between the parents and the school. If parents fail to pay the school fees, it's a matter between the parents and the school, not the child. The child must be given the report card, and if you don't give the report card, then you are denying the child the right to education,” he said.
Matakanya said the school had the right to take the parent to court regarding the fees, and the parent had the right to report the school to the Department of Education for withholding the report.
“The parent must quickly report this matter to the district director of the Department of Education or to the National Association of School Governing Bodies, then we will take up the matter with the HOD of the province,” said Matakanya.
Matakanya said it does not matter which school a child goes to; the right to education is for every child.
He said this is a huge issue, but the government has categorised schools, and those parents who do not want to pay school fees must take their children to the Quintile 1, 2, and 3 schools.
The KZN Department of Education said withholding report cards was not allowed.