Source: Govt clarifies position on fees – herald
Trust Freddy
Herald Correspondent
THE Government says while State-run schools have the legal authority to attach property from defaulting parents to recover unpaid fees, such measures can only be executed as an “absolute last resort”.
The position was laid out by the Deputy Minister of Primary and Secondary Education Dr Angeline Gata in Parliament while responding to questions regarding the legality and morality of debt recovery in schools on Wednesday.
In her response, Dr Gata said the Government strongly encouraged dialogue and the engagement of debt collectors should only be a last resort after schools had exhausted all internal remedies and constructive efforts to reach an agreement with parents.
She said while School Development Associations were legally empowered to litigate against debtors, they were strictly prohibited from victimising learners in the process.
“At law, every school in the country is run through a School Development Association” the Deputy Minister said.
“School Development Associations 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.
“Where such actions are undertaken, they must strictly comply with the laws of Zimbabwe governing debt recovery, contractual obligations and the protection of citizens’ rights.”
Dr Gata said while the Government was moving toward the “progressive realisation” of State-funded education, that goal had not yet been met.
Consequently, she said parental contributions remain the lifeblood of most Government schools.
Despite the green light for legal action, the ministry urged school authorities to prioritise dialogue and flexible arrangements over litigation.
“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.
“This responsibility extends to adhering to payment plans that may be mutually agreed upon with schools. At the same time, schools and their governing bodies are encouraged to exercise fairness, reasonableness and sensitivity in handling cases of non-payment, taking into account the socio-economic circumstances of families and promoting dialogue and flexible arrangements where possible.”
She added that debt collectors could be an option for huge outstanding arrears, provided all other reasonable efforts and remedies have first 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.
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.”
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