South Africa Act or statute

Parliament of the Republic of South Africa

Education Laws Amendment Act, 2002

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Jurisdiction: South Africa
Structure: 39 provisions
Citation: Act 50 of 2002
Dates: updated 28 Nov 2002

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Dates: updated 28 Nov 2002

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“This notice says the President assented to the Education Laws Amendment Act, 2002 and that it was published.”

This notice says the President assented to the Education Laws Amendment Act, 2002 and that it was published. This section explains the text-marking conventions used in the Act and starts the amendment of section 1 of Act 84 of 1996. This amendment adds a rule that footnotes in the Act must not be used when interpreting any provision of the Act. This provision is a heading indicating an amendment to section 5 of Act 84 of 1996. Sets the admission ages for grade R and grade 1 at public schools, and lets the Head of Department admit underage learners in limited cases.

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November 2002 No. 24113

This notice says the President assented to the Education Laws Amendment Act, 2002 and that it was published.

Section 28

Section 38 of the Schools Act is amended by the addition after subsection (2) of the

The notice must tell parents that the budget can be inspected at the school at least 14 days before the meeting.

Section 7

Section 1 of the Further Education and Training Act, 1998 (hereinafter referred to

This section amends section 1 of the Further Education and Training Act, 1998 by adding and changing several definitions.

Section 14

Section 35 of the Education and Training Act is amended by the substitution for

The registrar may cancel a registration or provisional registration, but only on reasonable grounds and subject to section 36.

Section 24

Section 5 of the General and Further Education and Training Quality Assurance

This section amends an earlier education law and states that the Council is to be regarded as accredited by the South African Qualifications Authority for quality assurance purposes.

Section 31

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Showing 39 of 39 provisions

Substitution 20Amendment 17ProvisionShort title

§ 28November 2002 No. 24113Amendment

This notice says the President assented to the Education Laws Amendment Act, 2002 and that it was published.

28 November 2002 No. 24113 THE PRESIDENCY No. 1498 28 November 2002 It is hereby notified that the President has assented to the following Act, which is hereby general information:– published for No. 50 of 2002: Education Laws Amendment Act, 2002. AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 24113 ~~~ ~ ~~ ~~ GOVERNMENT GAZE’ITE, 28 NOVEMBER 2002 Act No. 50.2002 EDUCATION LAWS AMENDMENT ACT, 2002 GENERAL EXPLANATORY NOTE: [

Section 28Verify source

§ 3Words in bold typeAmendment

This section explains the text-marking conventions used in the Act and starts the amendment of section 1 of Act 84 of 1996.

3 Words in bold type existing enactments. in square brackets indicate omissions from Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the President.) (Assented to 24 November 2002.) BILL 1998, so as to make provision for an appointment To amend the South African Schools Act, 1996, so as to provide for a national curriculum and the process for the assessment of learner achievement in public and independent schools; to make provision for the appointment of an intermedi- ary to assist minor learners in disciplinary hearings; and to provide for admission age requirements for public and independent schools; to amend the Employnient Educators Act, intermediary to assist minor learners in disciplinary hearings and for certain definitions; to amend the Further Education and Training Act, provide for safety measures at public and private further education and training institutions; to provide for a national curriculum and the process for assessment student achievement for public and private further education and training institutions; and to effect textual corrections relating to the registration of private further education and training institutions; to amend the Adult Basic Education and Training Act, 2000, so as to effect textual corrections; to provide for safety measures at public and private centres; and to provide for a national curriculum and the process for the assessment of learner achievement for public and private centres; to amend the General and Further Education and Training Quality Assurance Act, 2001, so as to effect textual corrections; and to provide for matters connected therewith. 1998, so as to of of a n of B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 1 of Act 84 of 1996

Section 3Verify source

§ 1Section 1 of the South African Schools Act, 1996 (hereinafter referred to as theAmendment

This amendment adds a rule that footnotes in the Act must not be used when interpreting any provision of the Act.

1. Section 1 of the South African Schools Act, 1996 (hereinafter referred to as the Schools Act), section becoming subsection (1): is amended by the addition of the following subsection, the existing 5 “ ( 2 ) Footnotes appearing in rhis Act must not be used in the interpretation of any provision of this Act.”. GAZETTE,

Section 1Verify source

§ 4No.Amendment

This provision is a heading indicating an amendment to section 5 of Act 84 of 1996.

4 No. GOVERNMENT 24113 2002 28 NOVEMBER Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 Amendment of section 5 of Act 84 of 1996

Section 4Verify source

§ 2Section 5 of the Schools Act is amended by the substitution for subsection (4) of theSubstitution

Sets the admission ages for grade R and grade 1 at public schools, and lets the Head of Department admit underage learners in limited cases.

2. Section 5 of the Schools Act is amended by the substitution for subsection (4) of the following subsection: “(4) ( a ) The admission age of a learner to a public school t o - (i) grade R is age four turning five by 30 June in the year of admission; (ii) grade 1 is age five turning six by 30 June in the year of admission. ( b ) Subject to the availability of suitable school places and other educational resources, the Head of Department may admit a learner who- (i) (ii) complies with the criteria contemplated in paragraph (c). is under the age contemplated in paragraph ( a ) if good cause is shown; and (c) The Minister may, by regulation, prescnbe- (i) criteria for the admission to a public school, at an age lower than the admission age, of an underage learner who complies with the criteria’; (ii) age requirements for different grades at a public school. ( d ) For the purpose of paragraph (b)(i), good cause shown means that- (i) it can be shown that exceptional circumstances exist which necessitate the admission of an underage learner because admission would be in his or her best interest; and (ii) the refusal to admit that learner would be severely detrimental to his or her development.”. 1 5 10 15 20 Insertion of section 6A in Act 84 of 1996

Section 2Verify source

§ 3The Schools Act is amended by the insertion after section 6 of the followingAmendment

The Minister must publish, in the Government Gazette, a national curriculum statement and a national process for learner achievement assessment.

3. The Schools Act is amended by the insertion after section 6 of the following section: “Curriculum and assessment 6A. (1) The Minister must, by notice in the Government Gazette, 25 determine- ( a ) a national cumculum statement indicating the minimum outcomes or standards; and (b) a national process achievement. (2) The cumculum and procedures for the assessment of learner 30 and the process for the assessment of learner achievement contemplated in subsection (1) must be applicable to public and independent sclzools.”. Amendment of section 8 of Act 84 of 1996

Section 3Verify source

§ 4Section 8 of the Schools Act is amended by the addition after subsection ( 5 ) of the 35Amendment

A learner must attend disciplinary proceedings with a parent or a parent-designated person, unless the governing body shows good cause to proceed without them.

4. Section 8 of the Schools Act is amended by the addition after subsection ( 5 ) of the 35 following subsections: “ ( 6 ) A learner must be accompanied by his or her parent or a person designated by the parent at disciplinary proceedings, unless good cause is shown by the governing body for the continuation of the proceedings in the absence of the parent or the person designated by the parent. (7) Whenever disciplinary proceedings are pending before any governing bod)., and it appears to such governing body that it would expose a witness under the age of 18 years to undue mental stress or suffering if he or she testifies at such proceedings, the governing body may, if practicable, appoint a competent person as 1 40

Section 4Verify source

§ 1It is acknowledged that criteria for admissionAmendment

The provision says admission criteria for an underage learner should be reliable and educationally sound, and it also lets a governing body use an intermediary and set where a witness gives evidence.

1. It is acknowledged that criteria for admission of an underage learner are complex and take some effective and their proper considerable time to develop. The criteria must be reliable and implementation will require the training of evaluators. The criteria must be based on an educationally sound basis in order to ensure that-. (a) learners are admitted on an equitable basis; (b) there is no unfair discrimination to learners; (c) the admission is fair to the individual learner as well as other learners in the classroom; (d) recognition is given to the diversity of language, culture and economic background; (e) notice is taken of the differences between urban and rural environments; and (f) the physical, psychological and mental development of the child is taken into account. 6 No. 24113 GAZETTE. GOVERNMENT 28 NOVEMBER 2003 Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 an intermediary in order to enable such witness to give his or her evidence through that intermediary. (X) ( a ) An examination, cross-examination or re-examination of a witness in respect of whom a governing body has appointed an intermediary under subsection (7). except examination by the governing body, must not take place in any manner other than through that internlediary. ( b ) Such intermediary may, unless the governing body directs otherwise, convey the general purport of any question to the relevant witness. (9) If a governing bod), appoints an intermediary under subsection ( 7 ) the governing body may direct that the relevant witness must give his or her evidence at any place which- (a) is informally arranged to put that witness at ease: ( b ) is arranged in a manner in which any person whose presence may upset that witness, is outside the si,ght and hearing of that witness; and (c) enables the governing body and any person whose presence is necessary at the relevant proceedings to hear. through the medium of any electronic or other devices. that intermediary as well as that witness during his or her testimony.”. 5 10 15 Insertion of section 10A in Act 84 of 1996

Section 1Verify source

§ 5The Schools Act is amended by the insertion after section 10 of the following 20Amendment

People may not carry out or join initiation practices against learners at school or in a hostel; learners may sue, and disciplinary action follows misconduct.

5 . The Schools Act is amended by the insertion after section 10 of the following 20 section: “Prohibition of initiation practices 10A. ( 1 ) A person may not conduct or participate in any initiation practices against a learner at a school or in a hostel accommodating leurners of a school. (2) ( a ) Any person who contravenes subsection (1) is guilty of misconduct and disciplinary action must be instituted against such a person in accordance with the applicable code of conduct, prescribed in sections 8 and 1 XA of this Act and Schedule 2 to the Employment of Educators Act. 1998 (Act No. 76 of 1998). 0 1 ) In addition to paragraph (a), a learner may institute civil action that leanler to against a person or a group who manipulated and forced conduct or participate in any initiation practices. (3) For the purposes of this Acr, “initiation practices” means any act which in the process of initiation. admission into, or affiliation with, or as school, a group, intramural or condition for continued membership of, a extramural activities, interschools sports team, or organisation- ( a ) endangers the mental or physical health or safety of a person; (hi undermines the intrinsic worth of human beings by treatin, 0 some as inferior to others: ( c / subjects individuals to humiliating or violent acts which undermine the constitutional guarantee to dignity in the Bill of Rights; . ( d ) undermines the fundamental rights and values that underpin the 25 30 35 40 Constitution; ( e ) impedes the development of a true democratic culture that entitles an 45 individual to be treated as worthy of respect and concern; or f) destroys public or private property. (4) In considering whether the conduct or participation of a person in any initiation practices falls within the definition of subsection (3). the relevant disciplinary authority referred to in subsection (2)(a) must take into account the right of the learner not to be sub.jected to such practices.”. 50 Insertion of section 18A in Act 84 of 1996

Section 5Verify source

§ 6The Schools Act is amended by the insertion after section 18 of the followingAmendment

The Executive Council member must set a code of conduct for governing body members of a public school, and all governing body members must follow it.

6. The Schools Act is amended by the insertion after section 18 of the following section: 8 2002 No. 24113 NOVEMBER 28 GOVERNMENT GAZETTE, Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 “Code of conduct of governing body 18A. (1) The Member of the Executive Council must, by notice in the Provincial Gazette. determine a code of conduct for the members of the governing body off a public school after consultation with associations of go~~erning bodies in that province, if applicable. (2) The code of conduct referred to in subsection (1) must be aimed at establishing a disciplined and purposeful school environment dedicated to the improvement ,and maintenance of a quality governance structure at a public school. 5 (3) All members of a governing body must adhere to the code of conduct. (4) The code of conduct must contain provisions of due process, 10 safeguarding the interests of the members of the governing body disciplinary proceedings. in (5) The Head of‘ Department may suspend or terminate the membership of a governing bo@ member for a breach of the code of conduct after due process. 15 (6) A member of the governing body may appeal to the Member of t h ~ E.recuti1.e Comcii against a decision of a Head ofDepartmenr regarding the suspension or termination of his or her membership as a governing body member.”. 20 Amendment of section 38 of Act 84 of 1996

Section 6Verify source

§ 7Section 38 of the Schools Act is amended by the addition after subsection (2) of theAmendment

The notice must tell parents that the budget can be inspected at the school at least 14 days before the meeting.

7. Section 38 of the Schools Act is amended by the addition after subsection (2) of the following subsection: ‘.(3) The notice contemplated in subsection (2) must also inform the parents that the budget will be available for inspection at the school at least 14 days prior to the meeting.”. 25 Insertion of section 45A in Act S4 of 1996

Section 7Verify source

§ 8The Schools Act is amended by the insertion after section 45 of the followingAmendment

Independent schools may admit underage learners only if good cause is shown and the stated criteria are met; the Minister may set admission criteria and age requirements by regulation.

8. The Schools Act is amended by the insertion after section 45 of the following section: “Admission age to independent school 30 45A. ( a ) The admission age of a learner to an independent school to- (i) grade R is age four turning five by 30 June in the year of admission: (ii) grade 1 is age five turning six by 30 June in the year of admission. Ib) An indepelzde~~t school may admit a learner who- ii! is under the age contemplated in paragraph ( u j if good cause is shown; and 35 ( i i ) complies with the criteria contemplated in paragraph (e). (c) The Minisrer may. by regulation, prescribe- (i) criteria’ for the admission to an irldependertf school at an age lower than the admission age of an underage learner who complies with the criteria: 40 (ii) age requirements for different grades at an independenr school. ( d ) For the purpose of paragraph (b)(i), good cause shown means that-

Section 8Verify source

§ 2It i b acknowledged that criteria for admission of an underage learner are complex andSubstitution

Admission criteria for an underage learner must be reliable, effective, and based on an educationally sound basis.

2. It i b acknowledged that criteria for admission of an underage learner are complex and take some considerable time to develop. The criteria must be reliable. effective and their proper implementation will require the training of evaluators. The criteria must be based on an educationally sound basis in order to ensure that- (a) learnen are admitted on an equitable basis: (b) there is no unfair discrimination to learners; (c) the admission is fair to the individual learner as well as other learners in the classroom; (d) recognition is given to the diversity of language, culture and economic background; (e) notice is taken of the differences between urban and rural environments; and (f) the physical, psychological and mental development of the child are taken into account. 10 No. 24113 GOVERNMENT GAZETTE, 28 NOVEMBER 2002 Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 (i) (ii) it can be shown that exceptional circumstances exist which necessitate the admission of an underage learner because admission would be in his or her best interest; and the refusal to admit that learner would be severely detrimental to his or her development.”. Substitution of section 61 of Act 84,of 1996, as amended by section 5 of Act 53 of 2000

Section 2Verify source

§ 9Section 61 of the Schools Act is amended by the substitution for section 61 of theSubstitution

This provision amends section 61 of the Schools Act by substituting a new section titled “Regulations”.

9. Section 61 of the Schools Act is amended by the substitution for section 61 of the following section: “Regulations 5 10

Section 9Verify source

§ 61The Minister may make regulations-Provision

The Minister may make regulations on the listed education matters.

61. The Minister may make regulations- ( u ) to provide for safety measures at public and independent schools; ib) on any matter which must or may be prescribed by regulation under this Acr; [and] (c) to prescribe a national cumculum statement applicable to public and 15 independent schools; (d) to prescribe a national process and procedures for the assessment of learner achievement in public and independent schools; ( e ) to prescribe a national process for the assessment, monitoring and evaluation of education in public and independent schools; cfi on initiation practices at public and independent schools; (g) to prescribe the age norm per grade inpublic and independent schools; ( h ) to provide for norms and minimum standards for school funding; and - ii) on any matter which may be necessary or expedient to prescribe in order to achieve the objects of this Act.”. 20 25 Insertion of section 6A in Act 76 of 1998

Section 61Verify source

§ 10The Employment of Educators Act, 1998 (hereinafter referred to as the EducatorsAmendment

For certain first appointments or reappointments after a break in service, the employer may handle applications and make school appointments, but only after meeting listed checks.

10. The Employment of Educators Act, 1998 (hereinafter referred to as the Educators Act). is amended by the insertion after section 6 of the following section: ”First appointment or appointment after break in service of educator 6A. (1 1 Despite section 6(3)(a). in the case of a first appointment or an appointment after one or more years’ break in service to any provincial department of education, the employer may- i u ) receive applications from first-time applicants or applicants returning after a break in service; ( 0 ) process the applications and match applications to vacant posts; and i c ) make appointments to a school subject to subsection (2). (2) The appointment contemplated in subsection (1) may only be made after the employer has- ( a ) consulted the relevant governing body on the specific post and the requirements thereof; i b ) ensured that the applicant to be appointed matches the requirements of the post; and (c) ensured that the applicant has prescribed qualifications.”. 30 35 40 Amendment of section 8 of Act 76 of 1998, as amended by section 16 of Act 48 of 1999 45

Section 10Verify source

§ 11Section 8 of the Educators Act is amended by the addition of the followingAmendment

An employer may transfer a bursary-funded educator, but only with the educator’s consent and only to a suitable post in certain education institutions.

11. Section 8 of the Educators Act is amended by the addition of the following subsection: “(7) Despite section 6(3)(a), in the case of an educator who has been awarded a bursary by the employer the employer may transfer such an educator, with his or her consent, to any suitable and post on the educator establishment of a public school, a further education training institution or an adult basic education and training centre.”. to follow a course approved by the employer, 50 12 No. 24113 GOVERNMENT GAZETIE, 28 NOVEMBER 2002 Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 Amendment of item 2 of Schedule 1 to Act 76 of 1998

Section 11Verify source

§ 12Item 2 of Schedule 1 to the Educators Act is amended by the substitution forSubstitution

Educators’ performance must be evaluated using performance standards, and the Minister may prescribe those standards, despite section 4.

12. Item 2 of Schedule 1 to the Educators Act is amended by the substitution for subitem (2) of the following subitem: “(2) Despite section 4 of this Act, the performance of educators must be evaluated according to performance standards [agreed upon by the parties to the Educators Labour Relations Council] which may be prescribed by the Minister.”. 5 Amendment of item 7 of Schedule 2 to Act 76 of 1998

Section 12Verify source

§ 13Item 7 of Schedule 2 to the Educators Act, 1998, is amended-Amendment

This amendment lets an educator or representative request a transcript of electronic recordings for a fee, and allows a presiding officer to appoint an intermediary for a witness under 18 in disciplinary proceedings.

13. Item 7 of Schedule 2 to the Educators Act, 1998, is amended- ( a ) by the insertion after subitem (7) of the following subitem: “(7A)(a) The record referred to in subitem (7) includes an electronic recording of the proceedings. (17) A transcript of electronic recordings or a portion of the transcript of a recording may be made on request of the educator or his or her representative on payment of the prescribed fee contemplated in section 21 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).”; and ( b ) by the insertion after subitem (10) of the followinrr subitem: - 10 15 ’.( 10Ai (a) Whenever disciplinary proceedings are pending before any presiding officer, and it appears to him or her that it would expose a witness under the age of 18 years to undue mental stress or suffering if he officer may, if or she testifies at such proceedings, the presiding practicable, appoint a competent person as an intermediary in order to enable such witness to give his or her evidence through that intermediary. ( b ) (i) An examination, cross-examination or re-examination of a uitness in respect of whom the presiding officer has appointed an intermediary under paragraph (a), except examination by the presiding officer, must not take place in any manner other than through that intermediary. 20 25 (ii) Such intermediary may, unless the presiding officer directs otherwise, convey the general purport of any question to the relevant witness. (c) If the presiding officer appoints an intermediary under paragraph (a). he or she may direct that the relevant witness must give his or her evidence at any place which- (i) (ii) is informally arranged to put that witness at ease; is arranged in a manner in which any person whose presence may upset that witness, is outside the sight and hearing of that witness; and ( i i i ) enabies the presiding ofiicer and any person whose presence is necessary at the relevant proceedings to hear, through the medium of any electronic or other devices, that intermediary as well as that witness during his or her testimony.”. 30 35 40 Amendment of section 1 of Act 98 of 1998

Section 13Verify source

§ 14Section 1 of the Further Education and Training Act, 1998 (hereinafter referred toSubstitution

This section amends section 1 of the Further Education and Training Act, 1998 by adding and changing several definitions.

14. Section 1 of the Further Education and Training Act, 1998 (hereinafter referred to 45 as :he Education and Training Act), is amended by- ( a ) the insertion after the definition of “financial year” of the following definition: ‘‘ ‘foreign juristic person’ means a person- ( i ) registered or established as a juristic person in terms of a law of a 50 foreign country; and (ii) recognised or registered as an external company in terms of the Companies Act, 1973 (Act No. 61 of 1973);”; (12) the substitution for paragraph (c) of the definition of “further education and institution” training of the following paragraph: 55 “(c) registered or [conditionally] provisionally registered as a private further education and training institution under this Act;”; 14 No. 241 I3 GOVERNMENT GAZETTE, 28 NOVEMBER 2002 Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 (c) the insertion after the definition: definition of “higher education” of the following ‘‘ ‘local juristic person’ means a person established as a juristic person in South Africa in terms of the Companies Act, 1973 (Act No. 6 1 of 1973);” ( d l the substitution for the definition of ”registrar” of the following definition: .‘ ’registrar’ means the registrar [designated by the Director-General] referred to in [terms of]. section 23(1);”; and 5 (e) the insertion after the definition of “ t h i s z t ” of the following definition: “ ‘to provide further education and training’ means- ( a ) the registering of students for all learning and training programmes 10 leading to qualifications from levels 2 to 4 of the National Qualifications Framework contemplated in the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), which levels are above general education but below higher education; and (hi the taking of responsibility for the registration of students, the 15 provision and delivery of the curriculum and assessment students.“. of Insertion of section 16A in Act 98 of 1998

Section 14Verify source

§ 15The Education and Training Act is amended by the insertion after section 16 of theAmendment

This section bans corporal punishment and initiation practices at further education and training institutions.

15. The Education and Training Act is amended by the insertion after section 16 of the following section: 20 ”Prohibition of corporal punishment and initiation practices 16A. (1 1 A person may not administer corporal punishment to a student at a further education and training institution. ( 2 ) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a sentence which may be imposed for assault. ( 3 ) A person may not conduct or participate in initiation practices at 25 public and private further education and training institutions. (4) Any person who contravenes subsection (3) is guilty of misconduct and disciplinary action must be instituted against such a person. ( 5 ) In addition to subsection (4), a person may institute civil action that person to against a person or a group who manipulated and forced conduct or participate in any initiation practices. 30 (6) For the purposes of this Act. “initiation practices” means any act which in the process of initiation, admission into, or affiliation with, or as condition for continued membership of, a further education and training institution, a group. intramural or extramural activities, inter-institution sports teams, or organisation- ( N ) endangers the mental or physical health or safety of a person: ( D ) undermines the intrinsic worth of human beings by treating some as inferior to others; (c) subjects individuals to humiliating or violent acts which undermine the constitutional guarantee to dignity in the Bill of Rights; and values that underpin ( d ) undermines the fundamental rights the 35 30 Constitution; ( e ) impedes the development of a true democratic culture that entitles an 4s individual to be treated as worthy of respect and concern; or (‘Ti destroys public or private property. (7) In considering whether the conduct or participation of a person in any initiation practices falls within the definition of subsection (6), the relevant disciplinary authority referred to in subsection (4) must take into account the right of the student not to be subjected to such practices.”. 50 Amendment of section 23 of Act 98 of 1998

Section 15Verify source

§ 16Section 23 of the Education and Training Act is amended by the substitution forSubstitution

The Director-General is the registrar of private further education and training institutions, and the Minister may designate another Department of Education employee to assist the registrar.

16. Section 23 of the Education and Training Act is amended by the substitution for subsections (1) and ( 2 ) of the following subsections, respectively: “( 1) The Director-General [must designate an employee of the Department 55 as] - is the registrar of private further education and training institutions. 2002 NOVEMBER 28 24113 GAZETTE, No. GOVERNMENT 16 Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 ( 2 ) The [Director-General] Minister may designate any other employee of the the performance of his or her Department of Education to assist the registrar in functions in terms of this Act.”. Substitution of section 24 of Act 98 of 1998

Section 16Verify source

§ 17The following section is substituted for section 24 of the Education and TrainingSubstitution

A non-public further education and training provider may not operate unless it meets the stated registration requirements.

17. The following section is substituted for section 24 of the Education and Training 5 Act: “Registration of private further education and training institution 24. (1) A person other than a public further education and training and institution or an organ of state may not provide further education training unless that person is- ( a ) registered or recognised as a juristic person in terms of the Companies 10 Act, 1973 (Act No. 61 of 1973); and (bj registered or provisionally registered as a private further education I and training institution in terms of this Act.”. Act Amendment of section 26 of 98 of 1998

Section 17Verify source

§ 18Section 26 of the Education and Training Act is amended by the substitution forSubstitution

This section amends section 26 of the Education and Training Act by replacing subparagraphs (ii) and (iii).

18. Section 26 of the Education and Training Act is amended by the substitution for subparagraphs (ii) and (iii) of paragraph (b) of subsection (1) of the following subparagraphs. respectively: Council; Assurance “(ii) will comply with the requirements of the General and Further Education and Quality (iii) complies with any other reasonable requirement prescribed by the Minister; Training and and” - Amendment of section 27 of Act 98 of 1998

Section 18Verify source

§ 19Section 27 of the Education and Training Act is amended by-Substitution

The registrar must consider registration applications and may grant provisional registration in some cases.

19. Section 27 of the Education and Training Act is amended by- ( a ) the substitution for subsection 1 of the following subsection: I “( 1) The registrar- 15 20 25 ( a ) must consider any application for registration as a private further education and training institution and any further information. particulars or documents provided by the applicant; (6) may, when considering the application, differentiate between a 30 foreign juristic person and local juristic person with regard to matters such as its scope and range of operations. its size and its institutional configuration; and (c) may register the applicant as a private further education and training institution if the requirements section 26 are fulfilled.”; for registration contemplated in 35 (6) the substitution for subsections (3) and (4) of the following subsections. respectively: “(3) Notwithstanding subsection (l), the registrar may [condition- ally] provisionally register an applicant, other than a foreign juristic person, who does not fulfill the requirements for registration contem- plated in section 26, if the registrar believes that the applicant will be able to fulfill the relevant requirements within a reasonable period. (4) If the registrar [conditionally] provisionally registers an applicant under subsection (3), the registrar must- determine the period within which the applicant must satisfy the requirements for registration; enter the applicant’s name in the appropriate register of private further education and training institutions; issue a certificate of [conditional] provisional registration, stating the terms and the duration of such registration; [furnish] provide the certificate of [conditional] provisional registration to the applicant; and as soon as practicable after the decision, publish the certificate of [conditional] provisional registration in the Gazette.”; and 40 45 50 55 18 No. 24113 GAZETTE, GOVERNMENT 28 NOVEMBER 2002 Act No. SO, 2002 EDUCATION LAWS AMENDMENT ACT, 2002 ( c ) the substitution in subsection (6) for paragraph (b) of the following paragraph: “(b) If, by the expiry of the period, the applicant fails to satisfy the requirements for registration specified by the registrar, the applicant’s [conditional] provisional registration lapses.”. Amendment of section 28 of Act 98 of 1998 5

Section 19Verify source

§ 20Section 28 of the Education and Training Act is amended by the substitution forSubstitution

A private further education and training institution must display its registration documents and registration status on its premises and official documents, and must return the original certificate to the registrar within 14 days after cancellation.

20. Section 28 of the Education and Training Act is amended by the substitution for subsections (1) and (2) of the following subsections, respectively: “Certificate of registration 28. (1) A private further education and training institution must conspicuously display- ( a ) its certificate of registration or [conditional] provisional registration 10 or a certified copy thereof on its premises; and (bj its registration number and an indication that it is registered or [conditionally] provisionally registered on all its official documents. (2) If the registrar has cancelled the registration or [conditional] 15 of a private further education and provisional registration training institution in terms of section 35, the private further education and training return the original certificate of registration or [condi- institution must tional] provisional registration to the registrar within 14 days of such cancellation.”. Amendment of section 31 of Act 98 of 1998

Section 20Verify source

§ 21Section 3 1 of the Education and Training Act is amended by the substitution forSubstitution

This section amends the Education and Training Act wording so that a private further education and training institution may apply to the registrar to amend its conditional or provisional registration.

21. Section 3 1 of the Education and Training Act is amended by the substitution for the words preceding paragraph (a) of the following words: “A private further education and training institution may apply to the registrar to its amend or [conditional] provisional registration-”. registration 20 25 Amendment of section 32 of Act 98 of 1998

Section 21Verify source

§ 22Section 32 of the Education and Training Act is amended by the substitution forSubstitution

This provision amends section 32 so that the specified subparagraph refers to amending the certificate of registration or provisional registration accordingly.

22. Section 32 of the Education and Training Act is amended by the substitution for subparagraph (i) of subsection (3)(a) of the following subparagraph: ‘.(i) amend the certificate of registration or [conditional] provisional registration accordingly;”. 30 Amendment of section 33 of Act 98 of 1998

Section 22Verify source

§ 23Section 33 of the Education and Training Act is amended by the substitution forSubstitution

Section 33 is amended so paragraphs (b) and (c) now refer to provisional registration and amendments of registration or provisional registration.

23. Section 33 of the Education and Training Act is amended by the substitution for paragraphs ( b ) and (c) of subsection (1) of the following paragraphs, respectively: “ ( b ) its [conditional] provisional registration: or ( c ) any amendment of its registration or [conditional] provisional registration.”. 35 Amendment of section 35 of Act 98 of 1998

Section 23Verify source

§ 24Section 35 of the Education and Training Act is amended by the substitution forSubstitution

The registrar may cancel a registration or provisional registration, but only on reasonable grounds and subject to section 36.

24. Section 35 of the Education and Training Act is amended by the substitution for subsection (1) of the following subsection: “( 1) Subject to section 36, the registrar may, on reasonable grounds, cancel any registration or [conditional] provisional registration in terms of this Act.”. 40 Amendment of section 37 of Act 98 of 1998

Section 24Verify source

§ 25Section 37 of the Education and Training Act is amended by the deletion ofSubstitution

This provision amends section 37 of the Education and Training Act by deleting subsection (4).

25. Section 37 of the Education and Training Act is amended by the deletion of subsection (4). Substitution of section 47 of Act 98 of 1998

Section 25Verify source

§ 26Section 47 of the Education and Training Act is amended by the substitution for 45Substitution

The Minister may make regulations, as long as they are consistent with the Act, about listed education matters.

26. Section 47 of the Education and Training Act is amended by the substitution for 45 section 47 of the following section: 20 No. 231 13 GOVERNMENT GAZETTE, 28 NOVEMBER 2002 Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 “Regulations 47. [(l)] The Minister may make regulations consistent with this Act on- ( a ) safety measures at public and private further education and training institutions; (bJ a national process and procedures for the assessment of student achievement for public and private further education and training institutions: ( c i a national process education in institutions; for the assessment, monitoring and evaluation public and private further education of and training (dl initiation practices at public and private further education and training institutions; - ( e ) any matter which the Minister is empowered or required to prescribe of this Act; [and] by regulation in terms 5 10 15 [(b)] any other matter in respect of which regulations are necessary or expedient in order to achieve the purpose of this Act.”. Insertion of section 18A in Act 52 of 2000

Section 26Verify source

§ 27The Adult Basic Education and Training Act, 2000 (hereinafter referred to as theAmendment

The Minister must set a national curriculum statement and assessment process by notice in the Government Gazette, and these rules must apply to public and private centres.

27. The Adult Basic Education and Training Act, 2000 (hereinafter referred to as the Adult Basic Education and Training Act), is amended by the insertion after section 18 of 20 the following section: “Curriculum and assessment 18A. ( 1 ) The Minister must, by notice in the Government Gazette, determine- ( 0 ) a national curriculum statement indicating the minimum outcomes or 25 standards; (0) a national process and procedures for the assessment of learner achievement. 12) The curriculum and process for the assessment contemplated in subsection (1) must be applicable to public and private centres.”. 30 Insertion of section 20A in Act 52 of 2000

Section 27Verify source

§ 28The Adult Basic Education and Training Act is amended by the insertion afterSubstitution

The provision bans corporal punishment and initiation practices at adult basic education and training centres, and provides penalties and civil remedy for breaches.

28. The Adult Basic Education and Training Act is amended by the insertion after section 20 of the following section: “Prohibition of corporal punishment and initiation practices 20A. ( 1) A person may not administer corporal punishment to a learner at 35 any adult basic education and training centre. (2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a sentence which may be imposed for assault. (3) A person may not conduct or participate in initiation practices at public and private centres. 40 (4) Any person who contravenes subsection (3) is guilty of misconduct and disciplinary action must be instituted against such a person. ( 5 ) In addition to subsection (4), a person may institute civil action against a person or a group who manipulated and forced that person to conduct or participate in any initiation practices.”. 45 Substitution of section 32 of Act 52 of 2000

Section 28Verify source

§ 29Section 32 of the Adult Basic Education and Training Act is amended by theSubstitution

This provision says section 32 of the Adult Basic Education and Training Act is being replaced.

29. Section 32 of the Adult Basic Education and Training Act is amended by the substitution for section 32 of the following section: 7 2 So. 241 I3 GOVERNMENT GAZETE, 28 NOVEMBER 2002 Act No. 50,2002 EDUCATION LAWS AMENDMENT ACT, 2002 “Quality assurance and promotion training in adult basic education and

Section 29Verify source

§ 32Quality assurance and promotionSubstitution

This section is about quality assurance and promotion in adult basic education and training.

32. Quality assurance and promotion and in the [South African training must be conducted as contemplated (Act No. 85 of 1986)] General and Certification Council Act, 1986 Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 200 1 ).” . in adult basic education Substitution of section 41 of Act 52 of 2000

Section 32Verify source

§ 30Section 41 of the Adult Basic Education and Training Act is amended by theSubstitution

This provision says section 41 of the Adult Basic Education and Training Act is being replaced.

30. Section 41 of the Adult Basic Education and Training Act is amended by the substitution for section 41 of the following section: 5 10 “Regulations

Section 30Verify source

§ 41The Minister or the Member of the Executive Council, as the caseAmendment

The Minister or the Member of the Executive Council may make regulations consistent with the Act on the listed education matters.

41. The Minister or the Member of the Executive Council, as the case may be. may make regulations consistent with this Act on [any]- ((11 % matter which the Minister [and] the Member of the Executive Council are empowered or required to prescribe by regulation in terms of this Act; [and] ( b ) 2 matter in respect of which regulations are necessary or expedient 15 in order to achieve the purpose of this Act[.]; ( c i safety measures at public and private centres: (d) a national curriculum statement applicable centres; to public and private 20 (e) a national process and procedures for the assessment of learner (f) achievement for public and private centres; a national process for the assessment, monitoring and education in public and private centres; (g) initiation practices at public and private centres; or (11 J norms and minimum standards for funding.”. evaluation of 25 Amendment of section 5 of Act 58 of 2001

Section 41Verify source

§ 31Section 5 of the General and Further Education and Training Quality AssuranceShort title

This section amends an earlier education law and states that the Council is to be regarded as accredited by the South African Qualifications Authority for quality assurance purposes.

31. Section 5 of the General and Further Education and Training Quality Assurance Act, 2001, is amended by the substitution for subsection (1) of the following subsection: 30 “(1) The Council must be regarded as having been accredited by the South African Qualifications Authority in terms of section [5(l)(b)(i)] S(I)(a)(ii)(bh) of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), as the or body responsible for qualifications for] quality assurance in respect of general and further education and training at education institutions contemplated in section 2.”. [establishing education and training standards 35 Short title and commencement 32. ( 1 ) This Act is called the Education Laws Amendment Act, 2002. ( 3 ) Sections 2 and 8 come into operation on 1 January 2004.

Section 31Verify source

Legislative relationships

12 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

7 instruments

Adult Basic Education and Training Act
Sections 29, 30
Education and Training 5 Act
Section 17
Education and Training Act
Sections 16, 18, 19, 20, 21, 22, 23, 24, 25, 26
Educators Act
Sections 5, 11
Educators Act, 1998
Section 10
Executive Council may make regulations consistent with the Act
Section 41
Further Education and Training Act, 1998
Section 14

G–M

1 instrument

General and Further Education and Training Quality Assurance Act, 2001
Section 31

N–S

4 instruments

Schedule 1 to the Educators Act
Section 12
Schedule 2 to the Educators Act, 1998
Section 13
Schools Act
Sections 2, 4, 7, 9
South African Schools Act, 1996
Sections 1, 3

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