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The WLC highlighted the impact of the current fee exemption scheme on women, who are similarly placed as Saffer and the manner in which the current framework discriminates against women.“It is declared that in processing and dealing with the applicant’s applications for a fee exemption in 2011, 20, the school and its governing body subjected her to repeated violations of her constitutional and statutory rights.”The SCA ruled that in circumstances where one parent was refused or failed to provide their income details, public schools shall grant a conditional fee exemption to the custodial parent - having regard only to her or his income.
This conditional fee exemption would be the total or partial fee exemption to which the applicant would have been entitled to if he or she were the only parent of the learner concerned.
The EELC said the judgment provided clarity for single, custodial parents with disproportionate burdens of care seeking fee exemptions.
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In a judgment handed down in September 2016, the High Court recognised the burden that single mothers faced when providing access to education for their children.
It ruled that both parents’ income must be produced when applying for a fee exemption.
The EEL, supported by advocates Pete Hathorn SC and Ncumisa Mayosi, cross-appealed the High Court’s failure to ensure that single parents are able to apply for an exemption without furnishing the financial details of their ex-spouse.
The Women’s Legal Centre (WLC) joined the proceedings as a friend of the court.
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