Private schools are entitled to recover debt through the forced sale of homes owned by defaulting parents, the KZN High Court (Pietermaritzburg) ruled yesterday, says a News24 report. The application, before KZN Judge President Achmat Jappie, was brought by St Charles College in Pietermaritzburg against Henry and Gleryl Du Hecquet De Rauville. They had two sons at the school, who had both matriculated.

They owed the school R620,000 in fees.

The couple signed an acknowledgement of debt and entered into a written repayment agreement. The money was not paid and the school obtained a judgment against them. When the sheriff served the warrant of execution, he was able to attach only moveable goods worth just more than R6,000. The school then sought permission to sell the family home in Albert Falls.

The couple raised a constitutional issue, arguing that the South African Schools Act outlawed such debt recovery from parents of children at government schools. ‘They contended that this constituted differential treatment which was unfair discrimination against parents of children attending private schools,’ Jappie said in his judgment.

‘They argued that this differential treatment is arbitrary and irrational. They contend that they ought to be placed on an equal footing with parents of children who attend public schools.’

Jappie said they had made an informed choice to send their sons to an independent school.

‘They knew they would incur the cost of tuition fees and they did so voluntarily. They had a choice, if they so wished, to enrol them at a public school and thus would have avoided their present predicament.’

He ordered the couple to pay costs.

Full News24 report