SOUTH AFRICAN SCHOOLS ACT
NO. 84 OF 1996
[View Regulation]
[ASSENTED TO 6 NOVEMBER, 1996]
[DATE OF COMMENCEMENT: 1 JANUARY, 1997]
(Unless otherwise indicated)
(English text signed by the President)
This Act has been updated to Government Gazette 34620 dated 19 September, 2011.
as amended by
Education Laws Amendment Act, No. 100 of 1997
Education Laws Amendment Act, No. 48 of 1999
Education Laws Amendment Act, No. 53 of 2000
Education Laws Amendment Act, No. 57 of 2001
Education Laws Amendment Act, No. 50 of 2002
Education Laws Amendment Act, No. 1 of 2004
Education Laws Amendment Act, No. 24 of 2005
Education Laws Amendment Act, No. 31 of 2007
Basic Education Laws Amendment Act, No. 15 of 2011
ACT
To provide for a uniform system for the organisation, governance and funding of schools;
to amend and repeal certain laws relating to schools; and to provide for matters connected
therewith.
Preamble.—WHEREAS the achievement of democracy in South Africa has consigned to history the
past system of education which was based on racial inequality and segregation; and
WHEREAS this country requires a new national system for schools which will redress past
injustices in educational provision, provide an education of progressively high quality for all learners
and in so doing lay a strong foundation for the development of all our people’s talents and capabilities,
advance the democratic transformation of society, combat racism and sexism and all other forms of
unfair discrimination and intolerance, contribute to the eradication of poverty and the economic well-
being of society, protect and advance our diverse cultures and languages, uphold the rights of all
learners, parents and educators, and promote their acceptance of responsibility for the organisation,
governance and funding of schools in partnership with the State; and
WHEREAS it is necessary to set uniform norms and standards for the education of learners at
schools and the organisation, governance and funding of schools throughout the Republic of South
Africa;
, ARRANGEMENT OF SECTIONS
CHAPTER 1
DEFINITIONS AND APPLICATION OF ACT
1. Definitions
2. Application of Act
CHAPTER 2
LEARNERS
3. Compulsory attendance
4. Exemption from compulsory attendance
5. Admission to public schools
Norms and standards for basic infrastructure and capacity in public
5A.
schools
6. Language policy of public schools
6A. Curriculum and assessment
6B. Non-discrimination in respect of official languages
7. Freedom of conscience and religion at public schools
8. Code of conduct
8A. Random search and seizure and drug testing at schools
9. Suspension and expulsion from public school
10. Prohibition of corporal punishment
10A. Prohibition of initiation practices
11. Representative council of learners
CHAPTER 3
PUBLIC SCHOOLS
12. Provision of public schools
12A. Merger of public schools
13. Public schools on State property
14. Public schools on private property
15. Status of public schools
16. Governance and professional management of public schools
16A. Functions and responsibilities of principal of public school
17. Governing body serving two or more schools
18. Constitution of governing body
18A. Code of conduct of governing body
19. Enhancement of capacity of governing bodies
20. Functions of all governing bodies
21. Allocated functions of governing bodies
22. Withdrawal of functions from governing bodies
23. Membership of governing body of ordinary public school
Membership of governing body of public school for learners with special
24.
education needs
25. Failure by governing body to perform functions
26. Recusal by members of governing body
27. Reimbursement of members of governing body
28. Election of members of governing body
29. Office-bearers of governing bodies
30. Committees of governing body
31. Term of office of members and office-bearers of governing bodies
32. Status of minors on governing bodies of public schools
33. Closure of public schools
33A. Prohibition of political activities during school time
, CHAPTER 4
FUNDING OF PUBLIC SCHOOLS
34. Responsibility of State
35. Norms and standards for school funding
36. Responsibility of governing body
37. School funds and assets of public schools
38. Annual budget of public school
Prohibition of payment of unauthorised remuneration, or giving of financial
38A.
benefit or benefit in kind to certain employees
39. School fees at public schools
40. Parent’s liability for payment of school fees
41. Enforcement of payment of school fees
42. Financial records and statements of public schools
43. Audit or examination of financial records and statements
44. Financial year of public school
CHAPTER 5
INDEPENDENT SCHOOLS
45. Establishment of independent school
45A. Admission age to independent school
46. Registration of independent school
47. Withdrawal of registration of independent school
48. Subsidies to registered independent schools
49. Declaration of independent school as public school
50. Duties of Member of Executive Council relating to independent schools
51. Registration of learner for education at home
CHAPTER 6
TRANSITIONAL PROVISIONS
52. Transitional provisions relating to schools other than private schools
53. Transitional provisions relating to private schools
55. Transitional provisions relating to immovable property of certain schools
56. Transitional provisions relating to public schools on private property
Transitional provisions relating to private property owned by religious
57.
organisation
CHAPTER 7
GENERAL PROVISIONS
58. Expropriation
58A. Alienation of assets of public school
58B. Identification of underperforming public schools
58C. Compliance with norms and standards
59. Duty of schools to provide information
60. Liability of State
61. Regulations
62. Delegation of powers
63. Repeal and amendment of laws
64. Short title and commencement
Schedule 1.
Schedule 2. Amendment of Educators’ Employment Act, 1994, by section 63
CHAPTER 1
DEFINITIONS AND APPLICATION OF ACT
, 1. Definitions.—(1) In this Act, unless the context indicates otherwise—
“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of
1996);
[Definition of “Constitution” substituted by s. 1 (b) of Act No. 100 of 1997.]
Wording of Sections
“Council of Education Ministers” means the Council of Education Ministers established by the
National Education Policy Act, 1996 (Act No. 27 of 1996);
“dangerous object” means—
(a)
any explosive material or device;
(b)
any firearm or gas weapon;
(c)
any article, object or instrument that may be employed to cause bodily harm to a
person or damage to property, or to render a person temporarily paralysed or
unconscious; or
(d)
any object that the Minister may, by notice in the Gazette, declare to be a dangerous
object for the purpose of this Act;
[Definition of “dangerous object” inserted by s. 4 (a) of Act No. 31 of 2007.]
“education department” means the department established by section 7 (2) of the Public
Service Act, 1994 (Proclamation No. 103 of 1994), which is responsible for education in a province;
“educator” means any person, excluding a person who is appointed to exclusively perform
extracurricular duties, who teaches, educates or trains other persons or who provides professional
educational services, including professional therapy and education psychological services, at a
school;
[Definition of “educator” substituted by s. 6 (a) of Act No. 48 of 1999.]
Wording of Sections
“governing body” means a governing body contemplated in section 16 (1);
“grade” means that part of an educational programme which a learner may complete in one
school year, or any other education programme which the Member of the Executive Council may
deem to be equivalent thereto;
“Head of Department” means the head of an education department;
“illegal drug” means—
(a)
any unlawful substance that has a psychological or physiological effect; or
(b)
any substance having such effect that is possessed unlawfully;
[Definition of “illegal drug” inserted by s. 4 (b) of Act No. 31 of 2007.]
“independent school” means a school registered or deemed to be registered in terms of section
46;
NO. 84 OF 1996
[View Regulation]
[ASSENTED TO 6 NOVEMBER, 1996]
[DATE OF COMMENCEMENT: 1 JANUARY, 1997]
(Unless otherwise indicated)
(English text signed by the President)
This Act has been updated to Government Gazette 34620 dated 19 September, 2011.
as amended by
Education Laws Amendment Act, No. 100 of 1997
Education Laws Amendment Act, No. 48 of 1999
Education Laws Amendment Act, No. 53 of 2000
Education Laws Amendment Act, No. 57 of 2001
Education Laws Amendment Act, No. 50 of 2002
Education Laws Amendment Act, No. 1 of 2004
Education Laws Amendment Act, No. 24 of 2005
Education Laws Amendment Act, No. 31 of 2007
Basic Education Laws Amendment Act, No. 15 of 2011
ACT
To provide for a uniform system for the organisation, governance and funding of schools;
to amend and repeal certain laws relating to schools; and to provide for matters connected
therewith.
Preamble.—WHEREAS the achievement of democracy in South Africa has consigned to history the
past system of education which was based on racial inequality and segregation; and
WHEREAS this country requires a new national system for schools which will redress past
injustices in educational provision, provide an education of progressively high quality for all learners
and in so doing lay a strong foundation for the development of all our people’s talents and capabilities,
advance the democratic transformation of society, combat racism and sexism and all other forms of
unfair discrimination and intolerance, contribute to the eradication of poverty and the economic well-
being of society, protect and advance our diverse cultures and languages, uphold the rights of all
learners, parents and educators, and promote their acceptance of responsibility for the organisation,
governance and funding of schools in partnership with the State; and
WHEREAS it is necessary to set uniform norms and standards for the education of learners at
schools and the organisation, governance and funding of schools throughout the Republic of South
Africa;
, ARRANGEMENT OF SECTIONS
CHAPTER 1
DEFINITIONS AND APPLICATION OF ACT
1. Definitions
2. Application of Act
CHAPTER 2
LEARNERS
3. Compulsory attendance
4. Exemption from compulsory attendance
5. Admission to public schools
Norms and standards for basic infrastructure and capacity in public
5A.
schools
6. Language policy of public schools
6A. Curriculum and assessment
6B. Non-discrimination in respect of official languages
7. Freedom of conscience and religion at public schools
8. Code of conduct
8A. Random search and seizure and drug testing at schools
9. Suspension and expulsion from public school
10. Prohibition of corporal punishment
10A. Prohibition of initiation practices
11. Representative council of learners
CHAPTER 3
PUBLIC SCHOOLS
12. Provision of public schools
12A. Merger of public schools
13. Public schools on State property
14. Public schools on private property
15. Status of public schools
16. Governance and professional management of public schools
16A. Functions and responsibilities of principal of public school
17. Governing body serving two or more schools
18. Constitution of governing body
18A. Code of conduct of governing body
19. Enhancement of capacity of governing bodies
20. Functions of all governing bodies
21. Allocated functions of governing bodies
22. Withdrawal of functions from governing bodies
23. Membership of governing body of ordinary public school
Membership of governing body of public school for learners with special
24.
education needs
25. Failure by governing body to perform functions
26. Recusal by members of governing body
27. Reimbursement of members of governing body
28. Election of members of governing body
29. Office-bearers of governing bodies
30. Committees of governing body
31. Term of office of members and office-bearers of governing bodies
32. Status of minors on governing bodies of public schools
33. Closure of public schools
33A. Prohibition of political activities during school time
, CHAPTER 4
FUNDING OF PUBLIC SCHOOLS
34. Responsibility of State
35. Norms and standards for school funding
36. Responsibility of governing body
37. School funds and assets of public schools
38. Annual budget of public school
Prohibition of payment of unauthorised remuneration, or giving of financial
38A.
benefit or benefit in kind to certain employees
39. School fees at public schools
40. Parent’s liability for payment of school fees
41. Enforcement of payment of school fees
42. Financial records and statements of public schools
43. Audit or examination of financial records and statements
44. Financial year of public school
CHAPTER 5
INDEPENDENT SCHOOLS
45. Establishment of independent school
45A. Admission age to independent school
46. Registration of independent school
47. Withdrawal of registration of independent school
48. Subsidies to registered independent schools
49. Declaration of independent school as public school
50. Duties of Member of Executive Council relating to independent schools
51. Registration of learner for education at home
CHAPTER 6
TRANSITIONAL PROVISIONS
52. Transitional provisions relating to schools other than private schools
53. Transitional provisions relating to private schools
55. Transitional provisions relating to immovable property of certain schools
56. Transitional provisions relating to public schools on private property
Transitional provisions relating to private property owned by religious
57.
organisation
CHAPTER 7
GENERAL PROVISIONS
58. Expropriation
58A. Alienation of assets of public school
58B. Identification of underperforming public schools
58C. Compliance with norms and standards
59. Duty of schools to provide information
60. Liability of State
61. Regulations
62. Delegation of powers
63. Repeal and amendment of laws
64. Short title and commencement
Schedule 1.
Schedule 2. Amendment of Educators’ Employment Act, 1994, by section 63
CHAPTER 1
DEFINITIONS AND APPLICATION OF ACT
, 1. Definitions.—(1) In this Act, unless the context indicates otherwise—
“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of
1996);
[Definition of “Constitution” substituted by s. 1 (b) of Act No. 100 of 1997.]
Wording of Sections
“Council of Education Ministers” means the Council of Education Ministers established by the
National Education Policy Act, 1996 (Act No. 27 of 1996);
“dangerous object” means—
(a)
any explosive material or device;
(b)
any firearm or gas weapon;
(c)
any article, object or instrument that may be employed to cause bodily harm to a
person or damage to property, or to render a person temporarily paralysed or
unconscious; or
(d)
any object that the Minister may, by notice in the Gazette, declare to be a dangerous
object for the purpose of this Act;
[Definition of “dangerous object” inserted by s. 4 (a) of Act No. 31 of 2007.]
“education department” means the department established by section 7 (2) of the Public
Service Act, 1994 (Proclamation No. 103 of 1994), which is responsible for education in a province;
“educator” means any person, excluding a person who is appointed to exclusively perform
extracurricular duties, who teaches, educates or trains other persons or who provides professional
educational services, including professional therapy and education psychological services, at a
school;
[Definition of “educator” substituted by s. 6 (a) of Act No. 48 of 1999.]
Wording of Sections
“governing body” means a governing body contemplated in section 16 (1);
“grade” means that part of an educational programme which a learner may complete in one
school year, or any other education programme which the Member of the Executive Council may
deem to be equivalent thereto;
“Head of Department” means the head of an education department;
“illegal drug” means—
(a)
any unlawful substance that has a psychological or physiological effect; or
(b)
any substance having such effect that is possessed unlawfully;
[Definition of “illegal drug” inserted by s. 4 (b) of Act No. 31 of 2007.]
“independent school” means a school registered or deemed to be registered in terms of section
46;
