The High Court has upheld the right of private schools to increase tuition fees, provided they comply with the procedures prescribed by law.
The decision followed a petition filed by two parents challenging a six per cent fee increase introduced by a private school for the 2026/2027 academic year.
The court dismissed the petition and upheld the school’s decision, directing each party to meet its own legal costs.
“The 1st Respondent being a private institution retains autonomy and power to maintain standards in the course of studies which confers it the authority to increase fees payable as long as procedure is followed. I therefore uphold the decision of the 1st Respondent,” the judgment stated.
The parents had argued that the revised fees were introduced without adequate consultation through a legally recognised Parents Association.
They also challenged the legality and operation of the parents’ body, referring to requirements set out under the Basic Education Act.
The school, however, rejected the claims, telling the court that the fee increase had been approved at an Annual General Meeting (AGM) held in May.
The institution said parents and learners participated in the meeting and that families were notified of the revised fees approximately three months before the new charges took effect.
It attributed the increase to rising operational expenses, including staff salaries, learning materials, technology, maintenance and improvements to school facilities.
The school further argued that its relationship with parents was contractual and that its status as a private institution gave it autonomy to determine its operations and fees.
In its ruling, the court found that the parents had the legal standing to bring the case and that the constitutional issues they raised could properly be considered by the High Court.
However, the judge found that evidence presented by the school showed that the required process had been followed before the six per cent increase was approved.
The court consequently held that the private school had the authority to increase its fees as long as it complied with the applicable procedures.
The judge also found that the parents had failed to demonstrate that the fee increase violated their constitutional rights.
The ruling comes amid growing pressure on families struggling to meet education costs while schools face increased expenses linked to salaries, learning resources and other operations.
Parents at other institutions, including Parklands Baptist School and Alliance Girls’ High School, have in recent months also raised concerns over fee increases.
