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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4502
Experience:  Admitted Attorney 17 years experience
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When I enrolled my child into high school at the beginning

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When I enrolled my child into high school at the beginning of this year I signed an application form in the office unbeknown to me contained in this application form was a clause stating that if I take my child out of the school I will be liable to a cancellation fee equal to 3 months payments. As it so happened she was not happy at that school and I gave them notice at the end of Feb that she will be leaving at the end of that term. The school has now handed this over for collection from me but I feel that a clause like this in an educational facility is unconstitutional and in contravention of the consumer protection act. How can I fight this? Thanks. Paul

Hi Paul

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

Is this a private or government school?

Customer: replied 4 years ago.

This is a private school. Brandcliff House. I was referred to them by Northcliff High when they did not have space there to accommodate her. I am not sure where they get all their funding from.

Hi Paul

The fact that it is a private school does make it a bit different as far as fees are concerned. The private schools does not get funding from government and they are therefore entitled to arrange their own policy on payment of fees.

The consumer protection act can assist to the extent that it should not be necessary to give notice so far in advance. One month should suffice and the school will have to demonstrate to the tribunal if it goes that far that the advance notice is absolutely necessary.

You will have to lodge a complaint with the Nastional Consumer Tribunal for them to consider and makle a ruling. You will have to do this by completing the docs on www.thenct.org.za and then advise the school that you have submitted a complaint to the tribunal.

You do not need to appoint a lawyer for this.

Customer: replied 4 years ago.


Thanks. I will lodge the necessary complaint as you have suggested. Regards. Paul

All the best Paul.
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