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

Chapter 3 : Public Schools

12. Provision of public schools

 

(1) The Member of the Executive Council must provide public schools for the education of learners out of funds appropriated for this purpose by the provincial legislature.

 

(2) The provision of public schools referred to in subsection (1) may include the provision of hostels for the residential accommodation of learners.

 

(3)

(a) A public school may be—
(i) an ordinary public school
(ii) a public school for learners with special education needs; or
(iii) a public school that provides education with a specialised focus on talent, including sport, performing arts or creative arts.
(b) Subject to the relevant provisions of this Act, the Minister must determine norms and standards for school funding and norms and standards for governance and educator provisioning for public schools contemplated in paragraph (a)(iii).

 

(3A) The governing body of a public school may, in writing, apply to the Member of the Executive Council for the public school to be designated as a public school with a specialised focus on talent as contemplated in subsection (3)(a)(iii).

[Section 12(3A) inserted by section 12 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]

 

(3B) The Head of Department may, after consultation with the governing body of a public school, identify the school and recommend to the Member of the Executive Council that the school should be designated as a public school with a specialised focus on talent as contemplated in subsection (3)(a)(iii).

[Section 12(3B) inserted by section 12 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]

 

(3C) The Member of the Executive Council may, in writing, designate a public school from which an application contemplated in subsection (3A) has been received, and a school identified and recommended as contemplated in subsection (3B), as a school with a specialised focus on talent as contemplated in subsection (3)(a)(iii), if it is in the interest of education in the province and if the school complies with the norms and standards determined by the Minister in terms of subsection (3)(b).

[Section 12(3C) inserted by section 12 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]

 

(3D) Before designating a public school as a school with a specialised focus on talent as contemplated in subsection (3)(a)(iii), the Member of the Executive Council must—
(a) give written notice to the school in question, and to its governing body, of the intention to designate the public school as a school with a specialised focus on talent and of the reasons therefor;
(b) notify the parents associated with the school, and the community in which the school is situated, of the intention to designate the public school as a school with a specialised focus on talent and of the reasons therefor—
(i) by means of a notice in at least one newspaper circulating in the area where the school in question is situated, if any newspapers circulate in that area;
(ii) by causing the principal of the school in question to—
(aa) hand to every learner at the school a notice containing the relevant information; and
(bb) instruct the learners to hand the notice to their parents; and
(iii) by means of any other acceptable form of communication that will ensure that the information is spread as widely as possible;
(c) give the school in question, and its governing body, and any other interested persons, an opportunity to make representations within a period of not less than 90 days from the date of the notices and communication referred to in paragraph (b);
(d) give due consideration to any such representations received; and
(e) be satisfied that the employers of staff at the public school have complied with their obligations in terms of the applicable labour law.

[Section 12(3D) inserted by section 12 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]

 

(4) The Member of the Executive Council must, where reasonably practicable, provide education for learners with special education needs at ordinary public schools and provide relevant educational support services for such learners.

 

(5) The Member of the Executive Council must take all reasonable measures to ensure that the physical facilities at public schools are accessible to disabled persons.

 

(6) Nothing in this Act prohibits the provision of gender-specific public schools.