Government Gazette

REPUBLIC OF SOUTH AFRICA

Vol. 487 Cape Town 26 January 2006 No. 28426

THE PRESIDENCY

No. 69 26 January 2006

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:- No. 24 of 2005: Education Laws Amendment Act, 2005.

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from existing enactments.

---------------Words underlined with a solid line indicate insertions in existing enactments.

(English text signed by the President.) (Assented to 23 January 2006.) ACT

To amend the South African Schools Act, 1996, so as to add new definitions;

to clarify the manner in which disciplinary proceedings must be conducted;

to provide for a process to establish norms and standards for school funding by means of quintiles;

to clarify the charging and payment of school fees;

to provide for the right of a learner to participate in all aspects of the programme of apublic school;

to provide for the alienation of the assets of a public school;

to amend the Employment of Educators Act, 1998, so as to provide for the refinement of the process of the appointment of educators;

to provide for the repeal of laws;

and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
1. Amendment of section 1 of Act 84 of 1996, as amended by section 1 of Act 100 of 1997, section 6 of Act 48 of 1999 and section 1 of Act 50 of 2002

Section 1 of the South African Schools Act, 1996, is hereby amended by-

(a)

the insertion after the definition of “Minister”of the following definitions: “

‘no fee threshold’ means the level of funding per learner contemplated in the norms and standards for school funding applicable to a public school which enables the Minister to declare a school a no fee school in terms of this Act;

‘norms and standards for school funding’ means the national norms and standards for the funding of schools determined by the Minister in terms of section 35;

”;and

 (b)

the insertion after the definition of “school” of the following definition:/> “

‘school fees’ means school fees contemplated in section 39 and 15 includes any form of contribution of a monetary nature made or paid by a person or body in relation to the attendance or participation by a learner in any programme of a public school;

”.

2. Amendment of section 9 of Act 84 of 1996 as amended by section 7 of Act 48 of 1999

Section 9 of the South African Schools Act, 1996, is hereby amended by-

 (a)

the substitution for subsection (1) of the following subsections: (I)

[Subject to this Act and any applicable provincial law, the] The governing body [of a public school] may, [after a fair hearing] on reasonable grounds and as a precautionary measure, suspend a learner who is suspected of serious misconduct from attending school [-(a) as a correctional measure for a period not longer than one week; or (b) in consultation with the Headof Department, pending a decision as to whether the learner is to be expelled from the school by the Head of Department] , but may only enforce such suspension after the learner has been granted a reasonable opportunity to make representations to it in relation to such suspension.

(1A)

governing body must conduct disciplinary proceedings in the manner contemplated in section 8 against a learner within seven school days after the suspension of such learner.

 “

(b)