Government Gazette

Vol. 410, No. 20372, 10 August 1999

GENERAL NOTICE

Notice 1928 of 1999

SOUTH AFRICAN SCHOOLS ACT, 1996 (NO. 84 OF 1996)

CALL FOR COMMENT ON A DRAFT NOTICE CONCERNING THE TRANSFER OF FUNDS AND OTHER MOVEABLE ASSETS OF THE STATE TO PUBLIC SCHOOLS

The Minister of Education hereby publishes in the Schedule the draft notice concerning the transfer of funds and other moveable assets of the State to public schools in terms of section 52(3) of the South African Schools Act, 1996 (No. 84 of 1996).

Comments are invited from interested parties on the draft notice concerning the transfer of funds and other moveable assets and should reach the Department not later than 22 August 1999.

Comments should be directed to the Acting Director-General, Private Bag X895, PRETORIA, 0001, for attention: Ms M Locke. The comments may also be faxed to (012) 326 9128 or sent by E-mail to Swart.C@educ.pwv.gov.za.

The name, address, telephone number and fax number of the person, governing body or organisation responsible for submitting the comment should accompany the comment.

PROFESSOR KADER ASMAL, MP
MINISTER OF EDUCATION
AUGUST 1999

SCHEDULE

TRANSFER OF FUNDS AND OTHER MOVEABLE ASSETS OF THE STATE TO PUBLIC SCHOOLS

Dates of transfer

  1. The funds and moveable assets used by, or held for or on behalf of a public school contemplated in section 52(1) of the South African Schools Act, 1996 (No. 84 of 1996), and which in law are the property of the State, remain at the disposal of the school and devolve upon the school on-
  1. the date of publication of this notice, if such a school has applied for the allocated functions in terms of section 21 of the Act and the functions contemplated in section 21(1)(a) have been allocated by the Head of the Department to the school; or
  2. the date from which the functions contemplated in section 21(1)(a) of the Act have been-
  1. allocated to the school in terms of section 21(3) of the Act on application by a public school in terms of section 21(1) of the Act; or
  2. assigned to the school in terms of section 21(6) of the Act.

Conditions for transfer

  1. The transfer of the funds and movable assets is subject to the following conditions:

  1. The principal of a public school must draw up a financial statement of the funds and compile an inventory of the moveable state assets used by, or held for or on behalf of the public school and which in law are the property of the State. A designated official of the provincial department of education must be assigned by the Head of Education to verify in writing that the financial statement and inventory have been compiled correctly.

  2. The chairperson of the governing body must sign a statement of receipt of the funds and movable assets from the State on behalf of the school and lay it before the first meeting of the governing body after signature. (see ANNEXURE A).

  3. A copy of the financial statement and the inventory must thereafter be made available to the Head of Department together with the signed statement of receipt. The Head of Department must keep a running record of all such documents.

  4. A copy of the financial statement and the inventory must be kept on record at the school.

  5. The moveable property listed in the inventory may not be alienated without value unless agreed to by the Head of Department.

  6. Any alienation of the property contemplated in subparagraph (a) which does not comply with the conditions set in subparagraph (e) is invalid and the ownership of such property will revert back to the State.

 

ANNEXURE A

PRO-FORMA RECEIPT OF TRANSFER OF FUNDS AND OTHER MOVABLE ASSETS USED BY, OR HELD FOR, OR ON BEHALF OF A PUBLIC SCHOOL

I, .................................................................................. (name of the chairperson of the governing body) On behalf of the public school, .................................................................... (name of the public school), duly receive from the State the funds, in the enclosed financial statement, that were paid into the bank account of the school, and the assets listed in the enclosed inventory.

THUS DONE and SIGNED at ................................................. on this ............................................ day of .............................. 1999 (date of receipt)


...............................................
Chairperson of governing body


WITNESSES:

1. .......................................
2. .......................................

THUS DONE and SIGNED at ................................................. on this ............................................ day of .............................. 1999 (date of receipt)


WITNESSES:

1. .........................................
2. ..........................................