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National Education Policy Act, 1996 (Act No. 27 of 1996)

Policies

National Policy for Determining School Calendars for Public Schools in South Africa

1. Background

 

1.1 INTRODUCTION

In recent years, various stakeholders and the general public have made certain recommendations which have made it necessary to amend the policy that was published in 2015.

 

The school calendar for a particular year structures the total number of days allocated for teaching and learning in that year and stipulates the dates of commencement and termination of the school terms and the length of school holidays. Usually, the calendar is not exactly the same two years running. Although there are various general principles that guide the process of determining school calendars, a set of specifications is also needed to ensure consistency. This policy serves as that set of specifications.

 

1.2 LEGISLATIVE FRAMEWORK
1.2.1 The Bill of Rights, Chapter 2 of the Constitution of the Republic of South Africa, 1996
(a) Section 15:
“(1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
(2) Religious observances may be conducted at state or state-aided institutions, provided that—
(a) those observances follow rules made by the appropriate public authorities,
(b) they are conducted on an equitable basis, and
(c) attendance at them is free and voluntary.”
(b) Section 28:
“(2) A child’s best interests are of paramount importance in every matter concerning the child.”
(c) Section 29:
“(1) Everyone has the right—
(a) to a basic education …”

 

1.2.2 South African Schools Act, of 1996 (Act No. 84 of 1996)

Section 21:

(1) Subject to this Act, a governing body may apply to the Head of Department in writing to be allocated any of the following functions:
“(b) to determine the extra-mural curriculum of the school and the choice of subject options in terms of provincial curriculum policy”;
“(e) other functions consistent with this Act and any applicable provincial law.”