School drags parents to court over fees

JABULA Primary School in Binga has dragged eight parents to court for failing to settle a combined debt of  more than $2 000 in outstanding fees and levies.

The children of those who were taken to court are either attending school or completed their primary education while still owing.

Jabula Primary School in Lusulu, Binga, filed summons at Victoria Falls magistrates' court citing the eight parents.

Varying amounts of money are owed by the parents: Aaron Nyathi ($192), Precious Ndlovu ($210), Phumulani Moyo ($300), Charles Ngwenya ($638), Nkulumani Nkomi ($202), Ngali Tshinga ($224), Steward Msipha ($288) and Earnest Mpofu ($252) including court costs. School fees required per term for each pupil at the rural school was not stated in court.

A school representative Mr Tholani Amos said the parents had a combined outstanding debt of more than $2 000.

"Some of their children have finished primary education while others are still at school," said Mr Amos.

He pleaded with the court to order the parents to settle their debts which he said were adversely affecting the school's operations.

Mr Amos said the parents were supposed to pay full fees and levies in advance or before the end of each school term.

In response the parents pleaded with the court to be given time to settle their debts saying they were unemployed.

One of the parents, Mr Ngwenya pleaded with the court to be given a year to settle his  $638 debt.

Ms Rangarirai Gakanje ordered parents to settle their debts this year.

"Settle your debts within 2018 starting on Wednesday. Paying your debts does not exempt you from paying fees for the current school term," said the magistrate.

In 2011, the then Bulawayo High Court judge Justice Maphios Cheda ruled that school heads who expel, suspend or withhold pupils' results on the basis of non-payment of fees and levies were committing an offence under the Children's Act.

"The issue of tuition or levy fees has been a topical issue for a number of years. It is, therefore, necessary to deal with it at this point once and for all. In my opinion the issue of fees directly relates to the law of contract.

"When a parent or guardian secures a place for a child at a school or tertiary institution, a contract is entered between the said institution and the parent with regards to the payment of fees," ruled the judge.

"The said contract can either be express or implied. The parent undertakes to pay all fees, which the institution levies against the student from time to time."