The Government says State-run schools can legally attach property from parents who default on fees, but only as an “absolute last resort”.
Deputy Minister of Primary and Secondary Education Angeline Gata set out the position in Parliament on Wednesday, responding to questions about how legal and ethical school debt recovery really is.
Gata said the Government strongly favours dialogue, and schools should only bring in debt collectors after they’ve exhausted all internal options and genuine efforts to reach an agreement with parents.
She added that while School Development Associations have the legal power to take debtors to court, they are strictly barred from punishing or 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.”
Even with the go-ahead for legal action, Gata urged school authorities to put dialogue and flexible arrangements ahead of taking parents to court.
“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 when arrears are substantial, but only once all other reasonable efforts and remedies have been exhausted.
In those limited cases, schools may turn to debt collectors or formal recovery processes to recoup money legally owed to them, but only as a last resort.
Gata said this must happen without sending learners home. Attaching property would also only be considered through proper legal channels and as an absolute final measure.
More: The Herald
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