breakdown in the relationship with Mr G and the difficulty in obtaining the required information she also considered it an infringement of her right, relative to her circumstances, to apply as an individual for a fee exemption. Simply put, the form did not provide for parents in Ms S’s position, namely that of a divorced custodian parent entitled to be considered for an exemption relative to her personal circumstance, distinct from her former spouse. [11] The following part of her founding affidavit bears repeating: 1 March 2011 I submitted my fee exemption application. In support of the application I ‘On attached an affidavit completed in terms of Annexure of the Regulations, as it did not “B” contain a declaration that needed to be signed by both parents (as requested by the school). I also explained that I get a monthly payment out of which all my daughter’s expenses were to be paid and stated that my financial position should be considered separately from that of my ex-husband. A copy of this letter together with the affidavit and other supporting documents is annexed . . . .’ [12] The school responded, in a letter 11 March 2011, by stating that in order for it to consider the application for exemption, it required the gross combined income of both biological parents. The school was adamant that it would only consider the application upon receipt of the particulars of Mr G’s income. [13] On 9 May 2011 the school wrote a further letter to Ms S in which it re-iterated that position. The school informed her that it had written to Mr G and had sent him the exemption application form, in terms of which financial assistance was sought and that it had received no reply. The letter concluded by stating that the school governing body would not be in a position to consider the application without the required information from both parents. [14] On 31 May 2011 Ms S responded, asserting that she had supplied all the information at her disposal, justifying her application for financial assistance, and drew the governing body’s attention to Regulation 9(3) , provides:
breakdown in the relationship with Mr G and the difficulty in obtaining the required information she also considered it an infringement of her right, relative to her circumstances, to apply as an individual for a fee exemption. Simply put, the form did not provide for parents in Ms S’s position, namely that of a divorced custodian parent entitled to be considered for an exemption relative to her personal circumstance, distinct from her former spouse. [11] The following part of her founding affidavit bears repeating: ‘On 1 March 2011 I submitted my fee exemption application. In support of the application I attached an affidavit completed in terms of Annexure “B” of the Regulations, as it did not contain a declaration that needed to be signed by both parents (as requested by the school). I also explained that I get a monthly payment out of which all my daughter’s expenses were to be paid and stated that my financial position should be considered separately from that of my ex-husband. A copy of this letter together with the affidavit and other supporting documents is annexed . . . .’ [12] The school responded, in a letter 11 March 2011, by stating that in order for it to consider the application for exemption, it required the gross combined income of both biological parents. The school was adamant that it would only consider the application upon receipt of the particulars of Mr G’s income. [13] On 9 May 2011 the school wrote a further letter to Ms S in which it re-iterated that position. The school informed her that it had written to Mr G and had sent him the exemption application form, in terms of which financial assistance was sought and that it had received no reply. The letter concluded by stating that the school governing body would not be in a position to consider the application without the required information from both parents. [14] On 31 May 2011 Ms S responded, asserting that she had supplied all the information at her disposal, justifying her application for financial assistance, and drew the governing body’s attention to Regulation 9(3) , provides:
Head%20of%20Department%20Western%20Cape%20Education%20Department%20%20another%20v%20S.docx