A Durban school can no longer suspend pupils from virtual classes for defaulting on school fees. A consent order granted by the KZN High Court (Durban) ordered the Durban North Primary School to refrain from contravening the Schools Act by excluding pupils from online lessons because their fees were in arrears, notes a TimesLIVE report.

The grade four and seven pupils, whose father filed an urgent application against the school on Friday, will now be given access to the school's online classes for children with comorbidities or high-risk family members.

The school has been holding online classes – a livestream of the actual lessons by the teacher – to children who could not be in school.

However, in a letter sent out on 25 June, the principal said if school or aftercare fees were in arrears, the school would not accept a child's request to join the online class.

The father's attorney, Pregen Govindasamy, reportedly told TimesLIVE that the obligations of parents to pay school fees or apply for any exemption was irrelevant to the legal dispute, which involved the rights of children that are protected in terms of the Constitution and the Schools Act.

‘In fact, the application was brought by the children wherein their father acted on their behalf as their natural guardian. In light of our firm's commitment to children’s rights and the enforcement thereof, our firm assisted the family on a pro bono basis,’ said Govindasamy.

In his affidavit, the father admitted that he was in default of his obligation to pay school fees, but argued that he had a right to seek partial or conditional exemption to pay fees in terms of the Schools Act.

Full TimesLIVE report