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Swemmer & Levin

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Losing a job, a reduced income, or a sudden change in family circumstances can make school fees feel impossible almost overnight. If you’re a parent or guardian in this position, the good news is that South African law anticipates exactly this situation, but the protections only help if you know they exist and act early. Here’s what to actually do.

1. Don’t Wait, and Don’t Avoid the School

The single biggest mistake parents make is going quiet once fees fall behind, usually out of embarrassment or the hope that things will sort themselves out. Schools are far more willing to work with a parent who communicates early than one who only responds once a letter of demand arrives. As soon as you know you’re going to struggle, contact the school (usually the finance office or the School Governing Body) and explain your situation.

2. Check Whether Your Child Is at a Fee-Charging School

South African public schools are divided into quintiles based on the economic profile of the community they serve. Schools in quintiles 1–3 are officially “no-fee schools,” fully funded by government, meaning parents cannot legally be charged compulsory school fees at all. If you’re not sure which quintile your child’s school falls into, the school or your provincial education department can confirm this.

If your child is at a fee-charging school (typically quintile 4–5, or a former Model C school), the exemption process below applies.

3. Apply for a Fee Exemption

Section 39 of the South African Schools Act (SASA) sets out a formal, means-tested exemption process for public schools. In broad terms:

  • If your household’s annual school fees amount to 10% or more of your gross annual household income, you generally qualify for a full exemption.
  • If fees fall into a lower band relative to your income, you may qualify for a partial exemption, calculated on a sliding scale.

The exact percentage thresholds and sliding-scale table are set out in the SASA regulations and can be adjusted. Please confirm the current figures against the Department of Basic Education’s official exemption regulations or your provincial department.

To apply, you’ll typically need to submit an application to the School Governing Body along with supporting documents: proof of income (or lack thereof), ID documents, and details of household size and dependents. Applications are usually invited at the start of the school year, but if your circumstances change partway through the year – retrenchment, for example – you can and should apply as soon as that happens rather than waiting for the next enrolment cycle.

4. Know What the School Cannot Do

A few protections are worth being aware of if you’re dealing with a school (or its debt collectors) over unpaid fees:

  • A school cannot pressure you into signing an Acknowledgement of Debt (AOD) instead of allowing you to apply for an exemption. If you’re offered an AOD before anyone has mentioned the exemption process, that’s worth pushing back on.
  • The exemption process must actually be explained to you. Increasingly, South African courts have shown themselves unwilling to enforce fee-collection claims where a school can’t demonstrate it properly informed parents of their right to apply for an exemption.
  • Every child has a constitutional right to basic education. This context matters if a school threatens to exclude your child purely over unpaid fees while an exemption application is pending or unresolved.

5. If You’re at a Private School, the Process Is Different

Private schools operate under contract law, not SASA, so there’s no statutory exemption right in the same way. That said, most private schools do have their own hardship or discount policies, and are often willing to negotiate a payment plan, temporary reduction, or deferral, especially if you approach them proactively rather than after fees are already significantly overdue. Ask directly what hardship provisions exist in your enrolment contract.

6. Look into External Support

Depending on your circumstances, it’s also worth checking:

  • Provincial education department hardship funds, which some provinces make available to schools to help cover fees for qualifying families
  • Bursaries or sponsorships offered directly by some schools, or by external organisations
  • Retrenchment-specific relief, since SASA specifically anticipates job loss as a valid basis for an exemption application

7. If It’s Already Gone to Debt Collection

If you’ve received a letter of demand or the matter has been handed to attorneys, don’t ignore it, but also don’t assume the debt is automatically enforceable. Whether the school followed the correct process, including properly informing you of your right to apply for an exemption, can be a real factor in how enforceable that debt is. This is a good point at which to get advice from an attorney, a legal aid clinic, or a debt counsellor rather than trying to navigate it alone.

Key Takeaways

  • Public school fee exemptions are a legal right under Section 39 of SASA, not a discretionary favour. Apply as soon as your circumstances change.
  • A change in income (retrenchment, reduced hours, and so on) is valid grounds to apply mid-year, not just at annual enrolment.
  • Schools can’t force you into an AOD instead of letting you apply for an exemption.
  • Private schools don’t have the same statutory process, but most have their own hardship policies worth asking about directly.

 

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.

Jan Fourie

Consultant |  Attorney, Notary & Conveyancer | BA. LLB

Jan graduated in 1974 with a five-year BA LLB degree from the University of Stellenbosch, whereafter he was admitted as an advocate and prosecuted as such in the Cape Town and Wynberg Courts. In 1974, he joined Swemmer & Levin as the Candidate Attorney of Mr Levin (founding member) and was admitted as an attorney on 7 April 1976, as a conveyancer on 11 January 1978, and as a Notary on 19 December 1984. Since 1974, he has served in various committees, including the West Coast Chamber of Commerce, the Vredenburg School Committee, and the Malgas Lions Club. 

Furthermore, Jan was the author of the first bilingual law book, The New Debt Collecting Procedures (Die Nuwe Skuldinvorderingsprosedures), which was used by all the Magistrate Courts throughout South Africa. With the founding of the Small Claims Court in Vredenburg, Jan served as one of the first Commissioners. He is currently based at Swemmer & Levin’s Vredenburg office and has been with our firm for more than 47 years.

Pieter Smit

Director | Attorney & Conveyancer | BA. LLB

Pieter obtained his BA Law degree from Stellenbosch University in 1995 and his LLB degree from the North-West University in Potchefstroom in 1998. He served his articles at Marais Muller Attorneys from 1998 to 1999 and was admitted as an attorney in 2000 and as a conveyancer in 2002. Pieter is the founder of PP Smit Attorneys, which opened its doors in 2004. He also became a director of Swemmer & Levin in 2006. Pieter loves the outdoors and participating in all forms of sport, including tennis, golf, fishing, spearfishing, scuba diving, and hiking. 

Johann Maree

Consultant | Attorney | BA. LLB

Johann matriculated at Oudtshoorn High School and attended Stellenbosch University, where he obtained his BA Law and LLB degrees. Following his studies, he worked for three years as State Prosecutor at the Magistrate’s Court in Cape Town. Johann completed his legal training with the State Attorney in Pretoria and then moved to his hometown, Oudtshoorn, where he worked as a lawyer for a year. In 1983, he finally moved to Vredenburg and joined Swemmer & Levin. When he is not in the office, Johann enjoys cycling and in his earlier days, he used to be a long-distance junkie.

Richard Phillips

Director | Attorney | Bcom & BProc

After matriculating at Paarl Boys’ High School, Richard completed his BCom and BProc degrees at the University of Port Elizabeth. He served his articles with Van Wyk Fouchee in Paarl and quickly developed an affinity for litigation. Richard has always had a deep love for the ocean and when he was presented with an opportunity to join Swemmer & Levin on the West Coast, he agreed without hesitation and has been with our firm since 1997. Richard specialises in general litigation and divorces. When he is not in the office or with his family, he tries to spend as much time as possible in or on the water.

Jandré Smith

Director | Attorney | LLB

Jandré grew up and matriculated in the small Klein Karoo town of Oudtshoorn. He furthered his studies at the North-West University in Potchefstroom, obtaining his LLB degree during 2015. He completed his articles at Swemmer & Levin in 2017 and was subsequently appointed as a professional assistant. In 2020, Jandré was promoted to the position of director at the firm, where he practises in the Litigation department at our Langebaan office. When not practising law, Jandré is an avid sports fan. He has a passion for nature and enjoys camping, trail running, and mountain biking with his family.

Andre van der Walt

Director | Attorney | LLB

Andre graduated in 2015 with an LLB degree from the University of Pretoria. He later went on to obtain his NQF 7 Certificate in the Administration of Deceased Estates from the University of South Africa, which allowed him to further his career in deceased estates and the drafting of wills and trusts. Andre served his articles at Barnard & Patel Attorneys under the supervision of Mr YAS Patel. After being admitted as an attorney in 2016, he continued working at Barnard & Patel Attorneys as a professional assistant in the deceased estates department.

Andre joined Van Rensburg Attorneys in 2019 and was head of the deceased estates department until 2021. He then received the opportunity to move to the West Coast, where he joined Swemmer & Levin Attorneys. Andre loves travelling and enjoys the beauty that our country has to offer with his friends, family, and loved ones.

Harmann Potgieter

Attorney | LLB

Harmann graduated in 2018 with an LLB degree from the North-West University’s Potchefstroom Campus. He went on to study and grow in various fields, including doing a course on the Consumer Protection Act and a course at the University of South Africa where he obtained his NQF 7 Certificate in the Administration of Deceased Estates.

Harmann completed his articles of clerkship at Swemmer & Levin under the supervision of Mr Richard Phillips. After being admitted as an attorney in 2020, Harmann continued with Swemmer & Levin as a professional assistant in the deceased estates department as well as the litigation department. He loves to study, possesses a deep curiosity about the world, and is dedicated to giving back to the community.

Carla Botha

Director | Attorney, Conveyancer & Notary | LLB  

Carla obtained her LLB at the North West University, Potchefstroom Campus in 2015. She completed her articles in 2017 with Brits Dreyer Inc in Bellville. She is an admitted Attorney, Notary and Conveyancer. After her articles she relocated to Kimberley where she worked as a professional assistant in the Conveyancing department of Van de Wall Inc. Coming back to her Western Cape roots, she now joins the Swemmer & Levin team as a professional assistant.

 

Bea Hansen

Candidate Attorney | LLB  

Bea obtained her LLB degree from the University of the Western Cape. Originally from Velddrif on the West Coast, she has a strong connection to the area and its people, which has played an important role in shaping who she is.

She joined the Swemmer & Levin team in 2026 as a Candidate Attorney and is excited to begin her career in law. She is passionate about helping people, learning and growing within the legal profession, and making a meaningful contribution to her community.

 

Jana Steyn

Conveyancer | LLB  

Jana grew up in Mokopane, in Limpopo. She obtained her LL.B degree from the University of South Africa (UNISA) in 2017 and was admitted as an Attorney in 2019. Her early career provided her with broad experience across various areas of law, including litigation, debt collection, estate administration and wills, divorce matters, contracts and conveyancing.

In 2022, Jana relocated to the West Coast, and shifted her focus to conveyancing. She was admitted as a Conveyancer in 2023. Jana joined the Swemmer & Levin team in April 2026 as a Conveyancer.