Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004
R 385
South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 1 : Definitions and Application of Act1. Definitions |
| (1) | In this Act, unless the context indicates otherwise— |
"basic education"
includes grade R to grade 12, as evidenced in the National Curriculum Statement;
[Definition inserted by section 1(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]
"benefit in kind"
means any benefit offered or afforded to an employee employed in terms of the Employment of Educators Act, 1998 (Act No. 76 of 1998), or the Public Service Act, 1994 (Proclamation No. 103 of 1994), which is not a monetary benefit, including, but not limited to—
| (a) | exclusive private usage or ownership of a vehicle; |
| (b) | free accommodation; |
| (c) | free phone, including a cell phone; |
| (d) | free holiday; |
| (e) | groceries to the benefit of the employee; or |
| (f) | garden services; |
[Definition inserted by section 1(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]
"competent assessor"
means an educator registered with the South African Council for Educators as defined in the South African Council for Educators Act, 2000 (Act No. 31 of 2000), a recognised professional body in the field of education, or a person or body registered with the South African Qualifications Authority as defined in the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);
[Definition inserted by section 1(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]
"Constitution"
means the Constitution of the Republic of South Africa, 1996;
[Definition substituted by section 1(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]
"corporal punishment"
means any deliberate act against a child that inflicts pain or physical discomfort, however light, to punish or contain the child, which includes, but is not limited to—
| (a) | hitting, smacking, slapping, pinching or scratching with the hand or any object; |
| (b) | kicking, shaking, throwing, throwing objects at, burning, scalding, biting, pulling hair, boxing ears, pulling or pushing children; |
| (c) | forcing children to stay in uncomfortable positions, forced ingestion, washing children’s mouths out with soap, denying meals, heat and shelter, forcing a child to do exercises which are not in accordance with the curriculum applicable to the learner or denying or restricting a child’s use of the toilet; and |
| (d) | any acts which seek to belittle, humiliate, threaten, induce fear or ridicule the dignity and person of a learner; |
[Definition inserted by section 1(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]
"Council of Education Ministers"
means the Council of Education Ministers established by the National Education Policy Act, 1996 (Act No. 27 of 1996);
"Criminal Procedure Act"
means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
[Definition inserted by section 1(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]
'dangerous object'
means—
| (a) | any explosive material or device; |
| (b) | any firearm or gas weapon; |
| (c) | (any article, object or instrument that may be employed to cause bodily harm to a person or damage to property, or to render a person temporarily paralysed or unconscious; or |
| (d) | any object that the Minister may, by notice in the Gazette, declare to be a dangerous object for the purpose of this Act. |
"Department of Basic Education"
means the national department established in terms of section 7(2), read with Schedule 1, of the Public Service Act, 1994 (Proclamation No. 103 of 1994), responsible for basic education;
[Definition inserted by section 1(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]
"drug"
means any—
| (a) | intoxicating or stupefying substance that has a psychological or physiological effect; |
| (b) | substance that has the effect contemplated in paragraph (a) and that is possessed contrary to the code of conduct of a school or contrary to the laws of the Republic; |
| (c) | substance, the possession or use of which, or the dealing in which, is prohibited without a medical prescription or legal authorisation; or |
| (d) | performance-enhancing drug, prohibited performance-enhancing substance, dependence-producing substance, dangerous dependence-producing substance, undesirable dependence-producing substance, unlawful substance, prohibited substance, illicit substance, illicit drug, or scheduled substance, |
contemplated in any South African legislation that deals with the control of medicines and related substances, with drug trafficking, substance abuse in general, and with substance abuse in sport and in any programmes or policies aimed at curtailing social and sport-related substance abuse, and in any international instruments that deal with such matters and to which South Africa subscribes or is a party;
[Definition inserted by section 1(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]
"education department"
means the department established by section 7(2) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), which is responsible for education in a province;
"education district"
means a district in an area of a province which is demarcated by the Member of the Executive Council for administrative purposes;
[Definition inserted by section 1(f) 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]
"educator"
means any person, excluding a person who is appointed to exclusively perform extracurricular duties, who teaches, educates or trains other persons or who provides professional educational services, including professional therapy and education psychological services, at a school;
"governing body"
means a governing body contemplated in section 16(1);
"grade"
means that part of an educational programme which a learner may complete in one school year, or any other education programme which the Member of the Executive Council may deem to be equivalent thereto;
"grade R"
means the Reception grade;
[Definition inserted by section 1(g) 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]
"Head of Department"
means the head of an education department;
"home education"
means a purposeful programme of education for a learner, alternative to school attendance, which—
| (a) | is provided under the direction of the learner’s parent, primarily in the environment of the learner’s home; |
| (b) | may include tutorial or other educational support, if necessary, secured by the parent on specific areas of the curriculum followed by the learner; and |
| (c) | meets the requirements for home education contemplated in section 51 of this Act; |
[Definition inserted by section 1(h) 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]
"illegal drug"
[Definition deleted by section 1(i) 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]
"independent school"
means a school registered or deemed to be registered in terms of section 46;
"learner"
means any person receiving education or obliged to receive education in terms of this Act;
"liquor"
means liquor as defined in section 1 of the Liquor Act, 2003 (Act No. 59 of 2003);
[Definition inserted by section 1(j) 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]
"loan"
means any financial obligation based on agreement, which obligation renders a school liable for making payment, in one or more instalments, in favour of any person, but does not include the payment of employees appointed by the governing body in terms of section 20(4) or (5), or operational costs as determined in the annual budget contemplated in section 38;
[Definition substituted by section 1(k) 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]
"member of staff"
means a person employed at a school;
"Member of the Executive Council"
means the Member of the Executive Council of a province who is responsible for education in that province;
"Minister"
means the Minister of Basic Education;
"no fee threshold"
means the level of funding per learner contemplated in the norms and standards for school funding applicable to a public school which enables the Minister to declare a school a no fee school in terms of this Act;
"norms and standards for school funding"
means the national norms and standards for the funding of schools determined by the Minister in terms of section 35;
"officer"
means an employee of an education department appointed in terms of the Educators Employment Act, 1994 (Proclamation No. 138 of 1994), or the Public Service Act, 1994 (Proclamation No. 103 of 1994);
"other financial benefit"
means any benefit of a monetary nature, including, but not limited to—
| (a) | exemption from the payment of school fees to the school in respect of the child of an employee, but excluding exemption in terms of the provisions of sections 39 to 41; |
| (b) | a credit card linked to an employee for his or her personal use; or |
| (c) | a petrol card linked to an employee for his or her personal use not related to any school activity; |
[Definition inserted by section 1(l) 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]
"parent"
means—
| (a) | the biological or adoptive parent or legal guardian of a learner; |
| (b) | the person legally entitled to custody of a learner; or |
| (c) | the person who undertakes to fulfil the obligations of a person referred to in paragraphs (a) and (b) towards the learner’s education; |
[Definition (c) substituted by section 1(m) 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]
"principal"
means an educator appointed or acting as the head of a school;
"province"
means a province established by section 124 of the Constitution;
"provincial legislature"
means a provincial legislature contemplated in section 125 of the Constitution;
"public school"
means a school contemplated in Chapter 3;
"Registrar of deeds"
means the registrar of deeds referred to in section 2 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);
"required documents"
for learners shall have the following meaning in relation to the following categories of learners:
| (a) | Where at least one or both biological or adoptive parents of a learner are South African citizens, the following documents: |
| (i) | An unabridged birth certificate of the learner; |
| (ii) | the South African identity documents or cards of the learner’s parents; and |
| (iii) | where either or both parents are deceased, the relevant death certificates; |
| (b) | where both parents of the learner are foreign nationals and hold either permanent residence permits or temporary residence visas, the following documents: |
| (i) | the learner’s foreign issued birth certificate; |
| (ii) | the learner’s passport; |
| (iii) | a study visa or permanent residence permit issued to the learner; |
| (iv) | the parents’ passports; and |
| (v) | the parents’ temporary residence visas or permanent residence permits; |
| (c) | where the parents of the learner are refugees or asylum seekers, the following documents: |
| (i) | the parent’s asylum seeker or refugee visa; |
| (ii) | the learner’s asylum seeker or refugee visa; |
| (iii) | the learner’s birth certificate if the learner was born in the Republic; and |
| (iv) | where asylum seeker visas are provided, a refugee or long term study visa must be provided within three years of admission of the learner; and |
| (d) | where the learner is in alternative care, the following documents: |
| (i) | the relevant court order granting guardianship or custody; and |
| (ii) | the learner’s unabridged birth certificate. |
[Definition inserted by section 1(n) 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]
"school"
means a public school or an independent school which enrols learners in one or more grades from grade R (Reception) to twelve;
"school activity"
means any official educational, cultural, recreational or social activity of the school within or outside the school premises;
"school fees"
means school fees contemplated in section 39 and includes any form of contribution of a monetary nature made or paid by a person or body in relation to the attendance or participation by a learner in any programme of a public school;
"special education needs"
means education designed to facilitate the learning of individuals who, for a wide variety of reasons, require additional support and adaptive pedagogical methods in order to participate and meet learning objectives in an educational programme;
[Definition inserted by section 1(o) 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]
"this Act"
means this Act and all regulations promulgated under this Act.
