| (1) |
Subject to subsection (2), the Member of the Executive Council may, by notice in the Provincial Gazette, merge two or more public schools into a single school. |
| (2) |
Before merging two or more public schools, the Member of the Executive Council must— |
| (a) |
give written notice to the schools in question, and to their governing bodies, of the intention to merge them and of the reasons therefor; |
| (b) |
notify the parents associated with the schools, and the communities in which the schools are situated, of the intention to merge the schools and of the reasons therefore— |
| (i) |
by means of a notice in at least one newspaper circulating in the area where the schools in question are situated, if any newspapers circulate in that area; and |
| (ii) |
by causing the principals of the schools in question to— |
| (aa) |
hand to every learner at each 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 schools in question, and their governing bodies, 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 schools have complied with their obligations in terms of the applicable labour law. |
[Section 12A(2) substituted by section 13(a) 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]
(2A)
| (a) |
The Member of the Executive Council must, within 30 days after receiving the representations referred to in subsection (2)(c), take a decision on whether or not to go ahead with the merger, and— |
| (i) |
in writing, inform the schools in question, and their governing bodies, of the decision; and |
| (ii) |
by means of the methods listed in subsection (2)(b), notify the parents associated with the schools, and the communities in which the schools are situated, of the decision. |
| (b) |
If the Member of the Executive Council fails to act in terms of paragraph (a), the contemplated merger will be deemed to have lapsed. |
| (c) |
If the decision of the Member of the Executive Council is to go ahead with the merger, he or she must ensure that the merger is proceeded with within 30 days after giving notice as contemplated in paragraph (a). |
[Section 12A(2A) inserted by section 13(b) 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]
| (3) |
If one or more of the schools that are to be merged in terms of subsection (1) are public schools on private property, the Member of the Executive Council must also— |
| (a) |
notify the owner of the private property of his or her intention to merge the schools in question; |
| (b) |
consider his or her contractual obligations in terms of the agreement contemplated in section 14; |
| (c) |
renegotiate his or her obligations in terms of the existing agreement if necessary: and |
| (d) |
negotiate a new agreement in terms of section 14 if the single school contemplated in subsection (1) is to be situated on private property. |
(4)
| (a) |
If the Member of the Executive Council decides to merge the public schools in question, he or she must, after consultation with the governing bodies of the public schools that are to be merged, determine, by notice contemplated in subsection (1)— |
| (i) |
the date of establishment of the public school; |
| (ii) |
the name of the public school; and |
| (iii) |
the physical location and official address of the public school. |
| (b) |
The single school contemplated in subsection (1) must be regarded as a new public school. |
[Section 12A(4) substituted by section 13(c) 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]
| (5) |
All assets, liabilities, rights and obligations of the schools that are merged, must, subject to the conditions of any donation, bequest or trust contemplated in section 37(4), vest in the single school. |
(6)
| (a) |
After the notice as contemplated in subsection (4)(a) has been published, the governing bodies of the schools that are to be merged must have a meeting to constitute a single interim governing body comprising all the members of the governing bodies concerned, which single interim governing body will govern the new school for a period not exceeding three months. |
| (b) |
The interim governing body must— |
| (i) |
elect office bearers; |
| (ii) |
decide on the budget; |
| (iii) |
reach consensus about differences in codes of conduct and school fees and, if applicable, about contractual obligations and the utilisation and disposal of movable assets; and |
| (iv) |
make recommendations to the Head of Department on personnel matters, as well as on any issue that is relevant to the merger or which is prescribed in terms of this Act, |
until a new governing body is constituted in terms of sections 23 and 28.
| (c) |
The Member of the Executive Council may extend the period referred to in paragraph (a) once for a further period not exceeding three months. |
[Section 12A(6) substituted by section 13(d) 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]
| (7) |
The governing body of a public school to be merged, may appeal to the Minister against the decision as contemplated in subsection (1). |
| (8) |
A merger contemplated in subsection (1) does not affect the liability of any person to be disciplined or prosecuted for any misconduct, crime or offence. |
[Section 12A(8) inserted by section 13(e) 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]
| (9) |
A learner is subject to the code of conduct applicable to the new single public school as from the date of the merger contemplated in subsection (1), but if any proceedings in respect of a charge of misconduct had been instituted or commenced before the date of the merger, such proceedings must continue in terms of the code of conduct relevant to the public school immediately before the merger. |
[Section 12A(9) inserted by section 13(e) 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]
| (10) |
The new single public school or the Head of Department, as the case may be, may undertake rationalisation or redeployment of its workforce according to operational requirements in accordance with sections 189 and 189A of the Labour Relations Act, 1995 (Act No. 66 of 1995), the Employment of Educators Act, 1998 (Act No. 76 of 1998), and any ratified collective agreement that deals with the rationalisation or redeployment of a workforce. |
[Section 12A(10) inserted by section 13(e) 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]
| (11) |
If two or more public schools are merged into a single public school in terms of subsection (1), the new single public school continues with all academic programmes offered by the former public schools under the programmes applicable to the respective public schools immediately before the date of the merger, until such programmes are amended or restructured by the governing body or education department, where applicable. |
[Section 12A(11) inserted by section 13(e) 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]
Trade Marks Act, 1993
