To amend the South African Schools Act, 1996, so as to provide for the representative council of learners to be the only recognised learner body at a school; to make further provisions regarding the failure of a governing body to perform its functions; to prohibit public schools from raising money by means of loans or overdrafts without the approval of the Member of the Executive Council; to prohibit public schools from paying moneys into a trust; to effect textual corrections; to amend the Employment of Educators Act, 1998, so as to effect textual corrections to existing provisions; to amend the Further Education and Training Act, 1998, so as to make further provisions regarding loans and overdrafts; to effect textual corrections to existing provisions; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
- the substitution for subsection (1) of the following subsection: “(1) A representative council of learners at the school must be established at every public school enrolling learners in the eighth grade or higher, and such council is the only recognised and legitimate representative learner body at the school. ”; and
- the substitution for subsection ( 2 ) of the following subsection:
“ ( 2 ) [A] Subject to policy made in terms of section 3(4)(g) of the National Education Policy Act, 1996 (Act No. 27 of 1996), the Member of the Executive Council [may] - must, by notice in the Provincial Gazette, determine [guidelines] the functions and the procedures for the establishment[,] and election [and functions] of representative councils of learners.”.
- the substitution for subsection (1) of the following subsection:
“(1) If the Head of Department determines on reasonable grounds that a governing body has ceased to perform [its] functions allocated to it in terms of this Act or has failed to perform one or more of such functions, [the Head of Department] he or she must appoint sufficient persons to perform [those] all such functions or one or more of such functions, as the case may be, for a period not exceeding three months.”;
- the substitution for subsection ( 3 ) of the following subsection:
“ ( 3 ) [The] If a governing body has ceased to perform its functions, the Head of Department must ensure that a governing body is elected terms of this Act within a year after the appointment of persons contemplated in subsection (1)”; and
(c) the addition of the following subsection:“(4) If a governing body fails to perform any of its functions, the persons contemplated in subsection (1) must build the necessary capacity within the period of their appointment to ensure that the governing body performs its functions.”.
“(2) Despite subsection (l), a governing body overdraft agreement so as to supplement the approval of the Member of the Executive Council.
(3) If a person lends money or grants an overdraft to a public school without the written approval of the Member of the Executive Council, the State and the public school will not be bound by the contract of lending money or an overdraft agreement.”.
- the substitution for subsection ( 3 ) of the following subsection:
“(3) The governing body of a public school must open and maintain [a] one banking account, but a governing body of a public school may, with the approval of the Member of the Executive Council, invest surplus 45 money in another account.”;
- The insertion after subsection (6) of the following subsection: paid into a trust or be used to establish a trust. If such money was paid into a trust prior to 1 January 2002, such trust or payment is invalid and the money must be paid back into the school fund.
“(7) (a) Money from the school fund of a public school may not be paid into a trust of be used to establish a trust.
(b) If a trust was established from a school fund of a public school or if such money was paid into a trust prior 1 January 2002, such trust is invalid and the money must be paid back into the school fund.
(c) A governing body of a public school may not collect any money or contributions from parents to circumvent or manipulate the payment of compulsory school fees and to use such money or contributions to establish or fund a trust, and if such money or contributions of parents were paid into a trust prior to 1 January 2002, the trust must pay such money or contributions into the school fund.“.
“(1) A governing body of a public school must prepare a budget each year [,] according to [guidelines] prescriptions determined by the Member of the Executive Council in a Provincial Gazette, which shows the estimated income and expenditure of the school for the following financial year.”.
“(iv) have the right to appeal against [any decision] a finding or sanction contemplated in section 25(2);”.
“(f) If [,] during the six-month period[,] the educator is subject to disciplinary action, the written warning and the written objection or account in deciding on an appropriate sanction;”; and
(b) the substitution for paragraph (J) of subitem ( 5 ) of the following paragraph: “(a If[,] during the six-month period[,] the educator is subject to disciplinary action, the final written warning and the written objection or additional information contemplated in paragraph (g), may be taken into account in deciding on an appropriate sanction;”.
“ (e) information on the rights of the educator to representation by a legal representative, if the [employer] presiding officer so directs;
( a ) the substitution for Form A of the following Form:
“Form A
WRITTEN WARNING This is a written warning in terms of the disciplinary procedure. Should you engage in further misconduct, this written warning may be taken into account in determining a more serious sanction. The written warning will be placed in your personal file and will remain valid for a period of six months from the date of the written warning. If you object to the warning or wish to furnish additional information, you may lodge a written objection or additional information which will be filed together with this warning. The nature of the misconduct is: SIGNATURE OF REPRESENTATIVE OF EMPLOYER SIGNATURE OF EMPLOYEE SIGNATURE OF WITNESS (if applicable) the substitution for Form B of the following Form: |
“Form BFINAL WRITTEN WARNING [DATE] This is a final written warning in terms of the disciplinary procedure. Should you engage in further [transgressions] misconduct it could lead to formal misconduct proceedings being instituted against you. This final written warning will be placed in your personal file and will remain valid for a period of six months from the date of the written warning. Should you wish to do so, you may lodge a written objection to this final warning, or provide additional information which will be filed together with this final warning. The nature of the misconduct is: SIGNATURE OF REPRESENTATIVE OF EMPLOYER SIGNATURE OF EMPLOYEE SIGNATURE OF WITNESS (if applicable) the substitution for Form C of the following Form: |
“Form CNOTICE OF DISCIPLINARY MEETING[DATE] You are hereby given notice to attend a disciplinary hearing in terms of item 6 of the Disciplinary Code. The alleged misconduct [and the available evidence] is based on the following evidence: [A DETAILED DESCRIPTION OF THE ALLEGED MISCONDUCT MAY 15 BE ATTACHED.] The hearing will be held at [PLACE] on [DATE] at [TIME]. SIGNATURE OF REPRESENTATIVE OF EMPLOYER ACKNOWLEDGEMENT OF RECEIPT BY EMPLOYEE SIGNATURE OF WITNESS (if applicable) DATE”; and the substitution for Form D of the following Form: |
“Form DSUMMONS TO APPEAR AT DISCIPLINARY HEARING DATE: (Name and residential address of person summoned) You are hereby summoned to appear personally on the .................... day of ......... 20 ....... at ......................................... (time) at ..................................... (place) before the presiding officer of a disciplinary hearing in terms of Schedule 2 to the Employment of Educators Act, 1998 (Act No. 76 of 1998), for the purpose of giving evidence regarding the following misconduct: and to submit the following book, document or object in your possession, custody or control, which may have a bearing on the matter; (specify the book, document or object) ............................................................... SIGNATURE OF REPRESENTATIVE [OR] EMPLOYER”. |
“(2) If a person lends money or grants an overdraft to a public further education and training institution without the approval of the Member of the Executive Council, the State and the institution is not bound by the contract of lending money or an overdraft agreement.”.
“(4) Institutions contemplated in subsection (1) may not raise money by means of loans or overdrafts without the approval of the Member of the Executive Council.
(5) If a person lends money or grants an overdraft to an institution contemplated in subsection (I), without the approval of the Member of the Executive Council, the State and the institution is not bound by the contract of lending money or an overdraft agreement.”.
15. This Act is called the Education Laws Amendment Act, 2001.