15/10/2026
Can a school exclude a learner because of unpaid school fees?
The answer is not as straightforward as you might think.
Public schools may not suspend or expel a learner because their parents have failed to pay school fees. Their remedy is to pursue the outstanding debt against the parent.
Independent schools operate differently because the relationship with parents is largely contractual. However, even where an enrolment agreement allows for termination because of unpaid fees, a school cannot simply exercise that right without considering constitutional principles and the learner’s right to education.
So, when can enrolment actually be terminated? What role does procedural fairness play? And how should the learner’s best interests be considered?
In this article we explore these questions and unpack the legal position surrounding unpaid school fees, suspension, exclusion and termination of enrolment.
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