| (1) |
A hostel may be permitted to open: Provided that it complies with the minimum health, safety and social distancing measures and requirements on COVID-19, referred to in section 5 of the DBE Standard Operating Procedures and the DBE Guidelines and, in the case of a public school, also has all the COVID-19 essentials in place and the principal or chairperson of the governing body or school board or their delegated official notifies the Head of Department on a form substantially similar to Annexure D. |
| (2) |
The notification contemplated in sub-direction (1) must be accompanied by signed declaration by the principal and chairperson of the governing body or school board or their delegated official— |
| (a) |
on a form substantially similar to Annexure D1, in the case of public schools; or |
| (b) |
on a form substantially similar to Annexure D2, in the case of independent schools, confirming that the hostel complies with the minimum health, safety and social distancing measures and requirements on COVID-19, referred to in section 5 of the DBE Standard Operating Procedures and the DBE Guidelines and, in the case of a public school, has all the COVID-19 essentials in place. |
| (3) |
Hostels may open once the notification and declaration, as contemplated in sub-directions (1) and (2) have been submitted to the Head of Department: Provided that the Provincial Department of Education reserves the right to conduct an inspection, once the hostels have opened to verify the hostel’s compliance with the measures and requirements, as confirmed in terms of subdirection (2). |
| (4) |
Subject to sub-direction (4A), if a hostel is found not to have complied with the measures and requirements, as confirmed in terms of subdirection (2)— |
| (a) |
the hostel will be closed until such time as the hostel complies with these measures and requirements; |
| (b) |
no learners will be allowed on the premises of the hostel; and |
| (c) |
the principal or chairperson of the governing body or school board or their delegated official must, as soon as reasonably possible— |
| (i) |
inform the parents, caregiver or designated family member of the learners that the hostel will be closed; |
| (ii) |
request the parents, caregiver or designated family member of the learners to fetch the learners from the hostel; and |
| (iii) |
make arrangements with the parents, caregiver or designated family member of the learners to ensure the provision of learning material and continued teaching to learners. |
[Direction 9(4) substituted by section 3(a) of Notice No. 503, GG43715, dated 15 September 2020]
(4A)
| (a) |
In order to provide for the necessary suitable accommodation needs of learners, including learners with special education needs, if a hostel exceeds the number of learners it can accommodate in accordance with social distancing requirements, the hostel will not be required to close in its entirety: Provided that the school or hostel makes provision for alternatives, including those contemplated in direction 15(3), in order to ensure that the accommodation of learners in hostels complies with health, safety and social distancing requirements. |
| (b) |
Where a hostel cannot provide alternatives, as contemplated in paragraph (a), the Provincial Department of Education must assist in the provision of additional infrastructure capacity to provide for the accommodation needs of such learners, including alternative accommodation for a hostel. |
[Direction 9(4A)(b) substituted by section 4 of Notice No. 579, GG43826, dated 21 October 2020]
| (5) |
The principal or chairperson of the governing body or school board or their delegated official may appeal to the MEC responsible for education in the province, in writing, within seven days from the date of notification of a decision, in terms of sub-direction (4), to close the hostel. |
| (6) |
The MEC responsible for education must, within seven days of receipt of an appeal, as contemplated in sub-direction (5), inform the hostel, in writing, of his or her decision and the reasons for the decision. |
| (7) |
The Provincial Department of Education must assist in the provision of any additional human resource capacity that is reasonably necessary for the operation of hostels. |
| (8) |
This direction applies to the hostels of all public schools, including public schools for learners with special education needs, as contemplated by the South African Schools Act. |
[Direction 9(8) inserted by section 3(c) of Notice No. 503, GG43715, dated 15 September 2020]
Copyright Act, 1978
