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Home » School faces contempt application after excluding matric learners for unpaid school fees
Human Rights

School faces contempt application after excluding matric learners for unpaid school fees

SECTION27 has gone back to the High Court in Johannesburg, asking it to hold Sifiso Learning Group and Future Nations in contempt.
Conviction Staff ReporterBy Conviction Staff ReporterJuly 21, 2026No Comments
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  • SECTION27 says the school and its directors have not complied with an earlier court order that was meant to protect two Grade 12 learners.
  • The organisation says the learners are still not registered for the IEB matric exams, even though their parents paid the registration fees.
  • The school argues that its application for leave to appeal puts the order on hold. The school also says the learners have other options for writing their exams.

SECTION27 will return to the High Court in Johannesburg on Tuesday, 21 July 2026 to seek a contempt order against Sifiso Learning Group and Future Nations. The organisation alleges that the school has not complied with an earlier court order that protected the rights of two Grade 12 learners.

On 9 June 2026, the High Court in Johannesburg granted an urgent application that SECTION27 brought on behalf of a parent of two matric learners. The learners had been excluded from the school because their fees were unpaid. The court ordered the school to re-enrol them immediately and to tell the Independent Examinations Board (IEB) to register them for their final matric exams.

The contempt application will be heard in the High Court in Johannesburg. At the time SECTION27 made its statement, the judge who would hear the matter had not yet been identified.

SECTION27 says school has not fully complied

According to SECTION27, the school has only partially complied with the court’s June order. Although the learners have been allowed back to class, SECTION27 says they have not been fully included in all school activities and are still not registered for the IEB exams.

SECTION27 says the parent paid the IEB registration fees just two days after the court order, but the school still has not finished the registration process.

Instead, SECTION27 says the school interpreted the order differently and sent the parent an invoice for the outstanding school fees. “The school has still not fully complied,” SECTION27 said. The organisation added that the school had “failed to fully reintegrate the learners into school activities” and had “failed to register them for the IEB exams even though the parent paid the registration fees within 48 hours.”

SECTION27 is asking the court to hold the school and its directors in contempt, and to order them to comply fully with the earlier judgment.

School says appeal suspends the order

The school is opposing the contempt application and has filed notice that it wants to appeal. According to SECTION27, the school argues that filing for leave to appeal puts the court order on hold. This means the school says it does not need to comply until the appeal is decided.

SECTION27 says the school also claims the learners do not have to write the IEB exams, as there are other options, including writing privately.

Right to basic education at stake

SECTION27 argues that this case is about protecting the learners’ constitutional right to basic education, especially in their final year of school. “It is important to keep in mind that these learners are in their final year of school, and matric is part of a learner’s right to basic education,” the organisation said.

SECTION27 says that unless the learners are registered with the IEB, they will not be able to write the independent exams needed for their National Senior Certificate. This could have serious consequences for their education and future opportunities.

“There is no doubt that registering the Grade 12 learners for the IEB exams is key to them getting their IEB and National Senior Certificate,” SECTION27 said. The organisation also said that letting the learners finish their academic year “will be in the children’s best interest.”

The High Court in Johannesburg will now decide whether Sifiso Learning Group and Future Nations have complied with the June order, or whether they should be held in contempt of court.

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