Govt says schools can recover unpaid fees through courts

The Government says public schools are legally permitted to recover unpaid fees from defaulting parents - including through the attachment of property - but stressed that such measures must only be used as a last resort after all attempts to reach an agreement have failed.

The position was outlined by Deputy Minister of Primary and Secondary Education Angeline Gata in the National Assembly on Wednesday while responding to concerns over the legality and morality of debt recovery by schools.

Gata said schools have legal standing to pursue outstanding fees, but authorities must prioritise dialogue and exhaust all internal remedies before considering legal action or engaging debt collectors.

"At law every school in the country is run through a School Development Association (SDA)," she said.

"School Development Associations (SDAs) are legally constituted bodies with the capacity to enter into contracts, manage funds and, where necessary, enforce their rights through lawful means.

"In this regard, it is legally permissible for such entities to pursue the recovery of outstanding school fees and levies from parents or guardians who are in default, including through the engagement of registered and legally recognised debt collectors."

The deputy minister said any recovery efforts must comply with Zimbabwean laws governing debt collection and the protection of citizens' rights.

She also stressed that learners must not be victimised during the process, warning that schools are prohibited from sending pupils home over unpaid fees.

Gata said while Government is working towards the "progressive realisation" of State-funded education, parental contributions remain essential to the operation of most public schools.

"From a moral standpoint, it is generally expected that parents and guardians take responsibility for supporting their children's education, including honouring agreed school fees and levy obligations," she said.

"This responsibility extends to adhering to payment plans that may be mutually agreed upon with schools."

At the same time, she urged school authorities to act with fairness and sensitivity, taking into account the socio-economic circumstances of families and promoting flexible payment arrangements.

Gata said the engagement of debt collectors may be considered in cases involving significant arrears, but only after all reasonable efforts to resolve the matter amicably have been exhausted.

"In such limited instances, schools may, as a last resort, engage debt collectors or formal recovery mechanisms to recover monies lawfully owed to the institution," she said.

"Critically, such engagement must occur without sending learners home. The attachment of property would only be considered in accordance with due process of law and as an absolute final measure."