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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions regarding the re-opening of schools and measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education and Provincial Departments of Education and in all schools in the Republic of South Africa

6A. Administering application for exemption

 

(1) Where a parent, caregiver or a designated family member of a learner applied to the Head of Department, or a person duly authorised by him or her, for full or partial exemption of the learner from compulsory school attendance, as contemplated in direction 6, the Head of Department must exempt the learner, as contemplated in direction 6, if he or she is satisfied that—
(a) the exemption is in the interest of the learner;
(b) the parent, caregiver or a designated family member will take responsibility to oversee the learning of the learner at home; and
(c) the parent, caregiver or a designated family member will comply with any reasonable conditions set by the Head of Department for the full or partial exemption.

 

(2) Where a parent, caregiver or a designated family member of a learner has applied for exemption of a learner from compulsory school attendance, as contemplated in direction 6, the learner is exempted from attending school until such time as the Head of Department has considered and responded to the application for exemption.

 

(3) The Head of Department must consider and finalise the application for exemption within 30 days of receipt of the application.

 

(4) Subject to sub-direction (5), the Head of Department may withdraw the exemption referred to in sub-direction (1).

 

(5) The Head of Department may not withdraw the registration until he or she—
(a) has informed the parent, in writing, of his or her intention to do so and the reasons therefor;
(b) has granted the parent an opportunity to make representations to him or her in relation to such decision; and
(c) has duly considered any such representations received.

 

(6) A parent, caregiver or a designated family member who is aggrieved by the decision of the Head of Department to withdraw an exemption of a learner from compulsory school attendance in terms of sub-direction (4), may lodge an appeal, in writing, to the Member of the Executive Council against the decision to withdraw the exemption.

 

[Direction 6A inserted by section 6 of Notice No. 411, GG43578, dated 2 August 2020]