South Africa Act or statute

Parliament of the Republic of South Africa

Basic Education Laws Amendment Act, 2011

appealsdefinitionseducation administrationeducation employmenteducation governanceeducation policyeducator employmenteducator provisioninggovernment administrationlanguage of instructionlanguage policylearner rightspolitical activity restrictionsprofessional developmentpublic education governancepublic schoolpublic schools fundingregulation-makingsanctionsschool activityschool disciplineschool feesschool financeschool fundingschool governanceschool property useschool standardsschoolingstate liabilitystatutory amendmentstatutory definitionsstatutory interpretationtraining requirements

Jurisdiction: South Africa
Structure: 28 provisions
Citation: Act 15 of 2011
Dates: updated 19 Sept 2011

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Dates: updated 19 Sept 2011

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Purpose and legislative effect

“This section amends definitions in the National Education Policy Act, 1996, including “Director-General,” “education institution,” and “Minister,” and deletes the definition of “student.””

This section amends definitions in the National Education Policy Act, 1996, including “Director-General,” “education institution,” and “Minister,” and deletes the definition of “student.” This provision amends section 3 of the National Education Policy Act, 1996 by replacing wording in subsection (4)(n) so it refers to the control and discipline of learners at education institutions. The section amends the education law to recognize a learner’s right to be taught in the language of choice where reasonably practicable, and to state the system’s development goals. This section amends several definitions in the South African Schools Act, including “loan,” “Minister,” and “parent.” The Minister may, after consulting the Minister of Finance and the Council of Education Ministers, make regulations prescribing minimum uniform norms and standards.

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Section I of the National Education Policy Act, 1996, is hereby amended-

Section 1

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

If an appeal by an expelled public-school learner is upheld, the Member of the Executive Council must ensure a suitable sanction is imposed within 14 days.

Section 7

Section 39 of the South African Schools Act, 1996, is hereby amended by the

The provincial education authority may identify additional public schools as no-fee schools, but only after consulting the relevant governing bodies and only if enough funding has been secured.

Section 13

The Employment of Educators Act, 1998, is hereby amended-

This section amends the Employment of Educators Act, 1998 by replacing two wording references: “Department of Education” becomes “Department of Basic Education,” and “adult basic education and training” becomes “adult education and training.”

Section 17

This Act is called the Basic Education Laws Amendment Act, 20 ll.

This provision gives the Act its short title.

Section 23

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Source record from www.parliament.gov.za · updated 19 Sept 2011

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Showing 28 of 28 provisions

Substitution 15Amendment 9Provision 2Short title 2

§ 1Section I of the National Education Policy Act, 1996, is hereby amended-Substitution

1. Section I of the National Education Policy Act, 1996, is hereby amended- ( a) by the substitution for the definition of "Director-General" of the following 5 definition: "~Director-General' means the Director-General: Basic Education;"; -----------·---- 4 No. 34620 Act No. 15 of2011 GOVERNMENT GAZETTE, I 9 SEPTEMBER 20 I I BASIC EDUCATION LAWS AMENDMENT ACT, 20 I I (b) by the substitution for the definition of "education institution" of the following definition: " 'education institution' means any [institution providing education, whether early childhood education, primary, secondary, further or higher education, other than a university or technikon, and also an institution providing specialised, vocational, adult, distance or community education] school contemplated in the South African Schools Act, 1996 (Act No. 84 of 1996);"; 5 (c) by the substitution for the definition of "Minister" of the following definition: "'Minister' means the Minister of Basic Education;"; and 10 (d) by the deletion of the definition of "student". Amendment of section 3 of Act 27 of 1996, as amended by section 11 of Act 100 of 1997 and section 4 of Act 48 of 1999

Section 1Verify source

§ 2Section 3 of the National Education Policy Act, 1996, is hereby amended by theSubstitution

This provision amends section 3 of the National Education Policy Act, 1996 by replacing wording in subsection (4)(n) so it refers to the control and discipline of learners at education institutions.

2. Section 3 of the National Education Policy Act, 1996, is hereby amended by the substitution in subsection (4)(n) for the words preceding the proviso of the following 15 words: "control and discipline of [students]learners at education institutions". Amendment of section 4 of Act 27 of 1996, as amended by section 12 of Act 100 of 1997

Section 2Verify source

§ 3Section 4 of the National Education Policy Act, 1996, is hereby amended-Substitution

The section amends the education law to recognize a learner’s right to be taught in the language of choice where reasonably practicable, and to state the system’s development goals.

3. Section 4 of the National Education Policy Act, 1996, is hereby amended- 20 (a) by the substitution in paragraph (a) for subparagraph (v) of the following subparagraph: ''(v) of every [student]learner to be instructed in the language of his or her choice where this is reasonably practicable;"; and (b) by the substitution for paragraph (b) of the following paragraph: "(b) enabling the education system to contribute to the full personal development of each [student] learner, and to the moral, social, cultural, political and economic development of the nation at large, including the advancement of democracy, human rights and the peaceful resolution of disputes;". 25 30 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, section 1 of Act 50 of 2002, section 1 of Act 24 of 2005 and section 4 of Act 31 of 2007

Section 3Verify source

§ 4Section I of the South African Schools Act, 1996. is hereby amended-Substitution

This section amends several definitions in the South African Schools Act, including “loan,” “Minister,” and “parent.”

4. Section I of the South African Schools Act, 1996. is hereby amended- ( a) by the insertion in subsection (I) after the definition of "learner" of the 35 following definition: " 'loan' means any financial obligation based on agreement, which obligation renders a school liable for making payment, in one or more instalments, in favour of any person, but does not include the payment of staff appointed by the governing body in terms of section 20(4) or (5);''; 40 (b) by the substitution in subsection (I) for the definition of "Minister" of the following definition: " 'Minister' means the Minister of Basic Education;": and (c) by the substitution in subsection OJ for paragraph (a) of the definition of "parent" of the following paragraph: 45 "(a) the biological or adoptive parent or legal guardian of a learner;". 6 No. 34620 Act No. 15 of2011 GOVERNMENT GAZETTE, 19 SEPTEMBER 20 II BASIC EIJUCATION LAWS AMENDMENT ACT. 2011 Amendment of section SA of Act 84 of 1996, as inserted by section 5 of Act 31 of 2007

Section 4Verify source

§ 5Section 5A of the South African Schools Act, 1996, is hereby amended by theSubstitution

The Minister may, after consulting the Minister of Finance and the Council of Education Ministers, make regulations prescribing minimum uniform norms and standards.

5. Section 5A of the South African Schools Act, 1996, is hereby amended by the substitution in subsection (l) for the words preceding paragraph (a) of the following words: 5 "The Minister may, after consultation with the Minister of Finance and the Council of Education Ministers. by regulation prescribe minimum uniform norms and standards for-··. Insertion of section 68 in Act 84 of 1996

Section 5Verify source

§ 6The following section is hereby inserted in the South African Schools Act, 1996,Provision

This text inserts a new section into the South African Schools Act, titled “Non-discrimination in respect of official languages.”

6. The following section is hereby inserted in the South African Schools Act, 1996, I 0 after section 6A: ''Non-discrimination in respect of official languages

Section 6Verify source

§ 68The governing body of a public school must ensure that-Amendment

A public school’s governing body must prevent unfair discrimination in language subject offerings and keep the first additional language and any other official language on the same level.

68. The governing body of a public school must ensure that- (a) (b) there is no unfair discrimination in respect of any official languages that are offered as subject options contemplated in section 21(l)(b); 15 and the first additional language and any other official language offered, as provided for in the curriculum. are offered on the same level.". Amendment of section 9 of Act 84 of 1996, as amended by section 7 of Act 48 of 1999 and section 2 of Act 24 of 2005 20

Section 68Verify source

§ 7Section 9 of the South African Schools Act, 1996, is hereby amended by theAmendment

If an appeal by an expelled public-school learner is upheld, the Member of the Executive Council must ensure a suitable sanction is imposed within 14 days.

7. Section 9 of the South African Schools Act, 1996, is hereby amended by the addition of the following subsection: "(II) (a) If an appeal in terms of subsection (4) by a learner who has been expelled from a public school is upheld by the Member of the Executive Council, the Member of the Executive Council must ensure that a suitable sanction is then 25 imposed on the learner within 14 days of the date on which the appeal was upheld. (b) For the purposes of the imposition of a suitable sanction contemplated in paragraph (a), the provisions of subsections (8) and (9) apply with the changes required by the context.". Amendment of section 12 of Act 84 of 1996 30

Section 7Verify source

§ 8Section 12 of the South African Schools Act, 1996, is hereby amended by theSubstitution

This amendment says a public school may be an ordinary school, a specialised-focus school, or a school for learners with special education needs, and the Minister must set funding, governance, and educator-provisioning norms and standards for the specialised-focus schools.

8. Section 12 of the South African Schools Act, 1996, is hereby amended by the substitution for subsection (3) of the following subsection: "(3) (!11 A public school may be= (i) an ordinary public school [ort @ (iii) a public school that provides education with a specialised focus on talent, a public school for learners with special education needs; or 35 including sport, performing arts or creative arts. (b) Subject to the relevant provisions of this Act, the Minister must determine norms and swndards for school funding and norms and standards for governance and educator provisioning for public schools contemplated in paragraph (a)(iii).". 40 Amendment of section 16A of Act 84 of 1996, as inserted by section 8 of Act 31 of 2007

Section 8Verify source

§ 9Section 16A of the South African Schools Act, 1996, is hereby amended by theAmendment

This provision amends Section 16A of the South African Schools Act by changing paragraph wording and adding new duties about school funds and reporting financial mismanagement.

9. Section 16A of the South African Schools Act, 1996, is hereby amended by the deletion in subsection (2) of the word "and" at the end of paragraph If), the insertion in that subsection of the word "and" at the end of paragraph (g) and the addition to that 45 subsection of the following paragraphs: "(h) assist the gm•erning body with the management of the school's funds, which assistance must include- (i) the provision of information relating to any conditions imposed or directions issued by the Minister, the Member of the Executive Council 50 or the Head of Department in respect of all financial matters of the school contemplated in Chapter 4; and 8 No. 34620 Act No. 15 of201J GOVERNMENT GAZETTE, 19 SEPTEMBER 20 II BASIC EDUCATION LAWS AMENDMENT ACT, 2011 (ii) the giving of advice to the governing body on the financial implications of decisions relating to the financial matters of the school; (i) take all reasonable steps to prevent any financial maladministration or mismanagement by any staff member or by the governing bod}' of the school; (j) be a member of a finance committee or delegation of the goveming body in order to manage any matter that has financial implications for the school; and report any maladministration or mismanagement of financial matters to the governing bodv of the school and to the Head of Department.". (k) 5 Amendment of section 19 of Act 84 of 1996

Section 9Verify source

§ 10Section 19 of the South African Schools Act, 1996, is hereby amended by the 10Amendment

This section adds rules for school funding norms and gives the Head of Department limited power to request training for governing body members.

10. Section 19 of the South African Schools Act, 1996, is hereby amended by the 10 addition of the following subsections: "(3) The norms and standards for school funding must include- ( a) criteria for authorising a governing body association to perform the functions contemplated in subsection (4); (b) criteria relating to any financial implications that would be incurred or costs 15 that would have to be paid by the Head of Departmem in relation to the performance of the functions contemplated in subsection (4); (c) guidelines relating to the nature, content, extent and duration of the functions contemplated in subsection (4); and (d) criteria for granting a governing body an allocation for contribution towards 20 membership of a recognised governing body association. (4) (a) The Head of Department may request a recognised govenzing body association or other appropriate training authority to train members of a goveming body of a particular school or group of schools and to build the capacity contemplated in section 25(4). 25 (b) For the purposes of paragraph (a), the Head of Department- (i) must enter into an agreement with the governing body association; (ii) must specify the nature, content, extent, duration and financial implications of the training in the agreement contemplated in subparagraph (i); and (iii) may include a request for the training of members of a governing body of a 30 school that is not a member of the governing body association requested to conduct the training in the agreement contemplated in subparagraph (ii).''. Insertion of section 33A in Act 84 of 1996

Section 10Verify source

§ 11The following section is hereby inserted in the South African Schools Act, 1996,Provision

Schools may not host party-political activities during school time, and schools may not display party-political material on their premises unless it is related to the curriculum.

11. The following section is hereby inserted in the South African Schools Act, 1996, after section 33: 35 "Prohibition of political activities during school time 33A. (1) No party-political activities may be conducted at a school during school time determined by the governing body of the school in terms of section 20(1 )(}). (2) The party-political activities contemplated in subsection (1) include, 40 but are not limited to- (a) campaigning; (b) (c) (d) the conducting of rallies; the distribution of pamphlets and Hiers; and the hanging or putting up of posters and banners. 45 (3)A member of a political party may not, for the purposes of conducting party-political activities, encroach on the school time. (4) A school may not allow the display of material of a party-political nature on its premises unless such party-political material is related to the curriculum at the school.". 50

Section 11Verify source

§ 10No. 34620Amendment

10 No. 34620 Act No. 15 of2011 GOVERNMENT GAZETTE, 19 SEPTEMBER 2011 BASIC EDUCAJ'\ON LAWS AMENDMENT ACT, 20 II Amendment of section 36 of Act 84 of 1996, as amended by section 5 of Act 57 of 2001

Section 10Verify source

§ 12Section 36 of the South African Schools Act, 1996, is hereby amended by theAmendment

A school governing body may, with approval, deal with school immovable property and allow business on school property, but may not allow hazardous, disruptive, or otherwise prohibited activities.

12. Section 36 of the South African Schools Act, 1996, is hereby amended by the addition of the following subsections: "(4) (a) A governing body may, with the approval of the Member of the 5 Executive Council- (i) lease, burden, convert or alter immovable property of the school to provide for school activities or to supplement the school fund of that school; and (ii) allow any person to conduct any business on school property to supplement the sehoul fund. I 0 (b) A governing body may not allow any activity on school property that is hazardous or disruptive to learners or prohibited by this Act. (5) For the purposes of subsection (4), 'school property' means immovable property owned by the State, including property contemplated in sections 13 and 55 and any immovable property bought by a school from the school funds or donations 15 to the school.". Amendment of section 39 of Act 84 of 1996, as amended by section 4 of Act 24 of 2005

Section 12Verify source

§ 13Section 39 of the South African Schools Act, 1996, is hereby amended by theAmendment

The provincial education authority may identify additional public schools as no-fee schools, but only after consulting the relevant governing bodies and only if enough funding has been secured.

13. Section 39 of the South African Schools Act, 1996, is hereby amended by the addition of the following subsections: "(13) Subject to subsection (7), the Member of the Executive Council may, after consultation with the relevant governing bodies, annually by notice in the Provincial Gazette identify additional public schools within his or her province that. although they have not been included in the list of schools contemplated in subsection (I 0)( c), may not charge school fees. (14) The schools contemplated in subsection (13) must be the schools that have been ranked as the poorest schools in that province fa11ing outside the list of schools contemplated in subsection (IO)(c). 20 25 (15) The Member of the Executive Council may act in terms of subsection (13) only if sufficient funding has been secured in the province to fund learners in the 30 schools affected by such action. (16) For the purposes of subsection (15), 'sufficient funding' means funding that is not less than the no fee threshold. ". Amendment of section 60 of Act84 of 1996, as amended by section 14 of Act 48 of 1999 and section 12 of Act 31 of 2007 35

Section 13Verify source

§ 14Section 60 of the South African Schools Act, 1996, is hereby amended by theSubstitution

The State is liable for certain damage or loss caused by acts or omissions linked to school activities at a public school, subject to paragraph (b).

14. Section 60 of the South African Schools Act, 1996, is hereby amended by the substitution in subsection (I) for paragraph (a) of the fo11owing paragraph: "(a) Subject to paragraph (b), the State is liable for any delictual or contractual damage or loss caused as a result of any act or omission in connection with any school activity conducted by a public school and for which such public school 40 would have been liable but for the provisions of this section.". Amendment of section 1 of Act 76 of 1998, as amended by section 6 of Act 53 of2000 and section 58 of Act 16 of 2006

Section 14Verify source

§ 15Section I of the Employment of Educators Act, 1998, is hereby amended-Substitution

This section amends the definition of “departmental office.”

15. Section I of the Employment of Educators Act, 1998, is hereby amended- ( a) by the substitution for the definition of "departmental office" of the following 45 definition: " 'departmental office' means any office or institution controlled or administered by the Department of Basic Education or any provincia) department of education, but does not include any public school [or adult basic education centre];"; 50

Section 15Verify source

§ 12No. 34620Substitution

This provision substitutes several definitions, including “Department of Basic Education,” “Director-General,” “employer” for certain educators, and “Minister.”

12 No. 34620 ActNo.I5of20ll GOVERNMENT GAZETTE, 19 SEPTEMBER 2011 RASIC EllUCAIION LAWS AMENDMENT ACT, 2011 (b) by the substitution for the definition of "Department of Education" of the following definition: " 'Department of Basic Education' means the department established in terms of section 7(2), read with Schedule l, of the Public Service Act, 1994 (Proclamation No. 103 of 1994), responsible for basic education at national level;"; 5 (c) by the substitution for the definition of ''Director-General" of the following definition: "'Director·General' means the Director-General: Basic Education;''; (d) by the substitution for paragraph (a) of the definition of "employer" of the 10 following paragraph: "(a) an educator in the service of the Department of Basic Education, means the Director-General;"; and I e) by the substitution forthe definition of "Minister" of the following definition: '' 'Minister' means the Minister of Basic Education;". 15 Substitution of section 2 of Act 76 of 1998, as amended by section 58 of Act 16 of 2006

Section 12Verify source

§ 16The following section is hereby substituted for section 2 of the Employment ofSubstitution

This section substitutes section 2 of the Employment of Educators Act, 1998 with new text titled “Application of Act”.

16. The following section is hereby substituted for section 2 of the Employment of Educators Act, 1998: "Application of Act 20

Section 16Verify source

§ 2This Act applies in respect of the employment of educators atSubstitution

This Act applies to the employment of educators at public schools and departmental offices.

2. This Act applies in respect of the employment of educators at (a) public schools; and (b) departmental offices.". Substitution of certain expressions in Act 76 of 1998

Section 2Verify source

§ 17The Employment of Educators Act, 1998, is hereby amended-Substitution

17. The Employment of Educators Act, 1998, is hereby amended- 25 (a) by the substitution for the expression "Department of Education", wherever it occurs, of the expression "Department of Basic Education"; and (b) by the substitution for the expression "adult basic education and training", wherever it occurs, of the expression " adult education and training". Amendment of section 1 of Act 31 of 2000, as amended by section 19 of Act 31 of 30 2007

Section 17Verify source

§ 18Section I of the South African Council for Educators Act, 2000, is herebySubstitution

This amendment changes the statutory definitions of “institution” and “Minister.”

18. Section I of the South African Council for Educators Act, 2000, is hereby amended- ( a) by the substitution for the definition of "institution" of the following definition: " 'institution' means any school[, further education and training institution or adult learning centre] contemplated in the South African Schools Act, 1996 (Act No. 84 of 1996);"; and (b) by the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of Basic Education:". 35 40 Amendment of section 5 of Act 31 of 2000

Section 18Verify source

§ 19Section 5 of the South African Council for Educators Act, 2000, is herebySubstitution

The amendment replaces a subparagraph so that the relevant provision requires managing a system to promote the continuing professional development of all educators.

19. Section 5 of the South African Council for Educators Act, 2000, is hereby amended by the substitution in paragraph (b) for subparagraph (iv) of the following subparagraph: "(iv) must manage a system for the promotion of the continuing professional 45 development of all educators;".

Section 19Verify source

§ 14No. 34620Amendment

This provision appears to be a heading for an amendment of section 19, but no operative rule is shown in the text provided.

14 No. 34620 Act No. 15 of 2011 GOVERNMENT GAZETTE, 19 SEPTEMBER 20 II BASIC EDUCATION LAWS AMENDMENT ACT. 2011 Amendment of section 19 of Act 31 of 2000

Section 14Verify source

§ 20Section 19 of the South African Council for Educators Act, 2000, is herebyAmendment

This section amends Section 19 of the South African Council for Educators Act, 2000 by adding a new paragraph about money appropriated by Parliament.

20. Section 19 of the South African Council for Educators Act, 2000, is hereby amended by the insertion in subsection (l) after paragraph (a) of the following paragraph: "(aA) money appropriated by Parliament:". 5 Amendment of section 1 of Act 58of2001, as amended by section 8 of Act 1 of2004 and section 2 of Act SO of 2008

Section 20Verify source

§ 21Section l of the General and Further Education and Training Quality AssuranceSubstitution

This section updates several definitions in the Act, including who counts as the department of education, the Director-General, and the Minister for different education functions.

21. Section l of the General and Further Education and Training Quality Assurance Act, 2001, is hereby amended- ( a) by the substitution for the definition of "department of education" of the 10 following definition: " •department of education' means= (a) the [department] Department of Basic Education, which is responsible for school education at national level [or]; 1.!!1 a department responsible for school education in a province; or (c) the Department of Higher Education and Training. which is responsible for further education and training colleges and adult education and training centres at national level;"; (b) by the substitution for the definition of "Director-General" of the following definition: 15 20 "'Director-General', in respect of functions relating to- (a) school education, means the Director-General [of the department responsible for education at national level]: Basic Education; and (b) further education and training colleges and adult education and training centres, means the Director-General: Higher Education and 25 Training;"; and (c) by the substitution forthe definition of "Minister" of the following definition: "'Minister', in respect of functions relating to- (a) school education, means the Minister of Basic Education; and (b) further education and training colleges and adult education and 30 training centres, means the Minister of Higher Education and Training;". Saving

Section 21Verify source

§ 22The provisions of this Act must not be construed as limiting, amending, repealingShort title

This section says the Act must not be read as changing the administration, powers, or functions given by the listed legislation to the Minister of Higher Education and Training, for the listed education institutions and centres.

22. The provisions of this Act must not be construed as limiting, amending, repealing or otherwise altering the administration and powers and functions entrusted by the 35 legislation identified in item 1.7 of the Schedule to Proclamation No. 44 of 2009, published in Government Gazette No. 32367 of l July 2009, to the Minister of Higher Education and Training insofar as the administration and powers and functions pertain to further education and training colleges and adult education and training centres. Short title 40

Section 22Verify source

§ 23This Act is called the Basic Education Laws Amendment Act, 20 ll.Short title

This provision gives the Act its short title.

23. This Act is called the Basic Education Laws Amendment Act, 20 ll.

Section 23Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Educators Act, 1998
Section 17
Employment of Educators Act, 1998
Section 15
Employment of This section substitutes section 2 of the Employment of Educators Act, 1998
Section 16

G–M

1 instrument

General and Further Education and Training Quality Assurance This section updates several definitions in the Act
Section 21

N–S

4 instruments

National Education Policy Act, 1996
Sections 1, 2, 3
Public Service Act, 1994
Section 12
South African Council for Educators Act, 2000
Sections 18, 19, 20
South African Schools Act, 1996
Sections 4, 5, 7, 8, 9, 10, 12, 13, 14

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