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School fees in Lieu of a Term’s Notice in Zimbabwe

A parent and school contract in Zimbabwe is regarded as a legally binding contract which sets out the contractual terms and conditions between a parent or legal guardian and the school in respect of educational services. Students and parents are bound to the contractual terms including the school’s beliefs and values. see Ismail v St Johns College & Others 2019 (2) ZLR 134 (S).

The contract between a parent / legal guardian and a school in Zimbabwe may be express or implied. One of the terms which a parent or legal guardian is expected to fulfil is the duty to pay school fees from time to time for educational services. The right to education in Zimbabwe does not extend to independent and private schools, rather it is limited to Government schools. see Chikiwa & Another v St George’s College 2020 (2) ZLR 587 (S).

One of the most common features of independent and private schools in Zimbabwe is the non-payment of school fees by parents and legal guardians. Second to this, is the relocation of a child or withdrawal of a child from a school with affording the school with sufficient notice i.e., giving the school a term’s notice. Most enrolment forms or contracts which have been adopted by independent and private schools in Zimbabwe have a provision for the payment of school fee’s in lieu of a term’s notice.

The Honourable Macdonald JA and Jarvis AJA in Springvale Ltd v Edwards 1969 (1) SA 464 (RA) held that when a parent /or legal guardian secures a place for enrolment of a child at a school, a contractual relationship between the school and parent or legal guardian is formed. Furthermore, that the contract can be either express or implied in respect of which the parent / or legal guardian undertakes to pay the school fees which the school levies against the student / pupil from time to time. It was held that one is able to claim for school fees in lieu of a term’s notice in Zimbabwe.