(a) |
To maintain and improve the school's property, and buildings and grounds occupied by the school, including school hostels, if applicable; |
(b) |
to determine the extra-mural curriculum of the school and the choice of subject options in terms of provincial curriculum policy; |
(c) |
to purchase textbooks, educational materials or equipment for the school; |
(d) |
to pay for services to the school; |
(dA) |
to provide an adult basic education and training class or centre subject to any applicable law; or |
(e) |
other functions consistent with this Act and any applicable provincial law. |
(2) |
The Head of Department may refuse an application contemplated in subsection (1) only if the governing body concerned does not have the capacity to perform such function effectively. |
(3) |
The Head of Department may approve such application unconditionally or subject to conditions. |
(3A) |
Notwithstanding the provisions of subsections (1)(c) and (3) and section 22, the Head of Department may, in consultation with the governing body, centrally procure identified learning and teaching support material for public schools on the basis of efficient, effective and economic utilisation of public funds or uniform norms and standards: Provided that the governing body— |
(a) |
may, subject to paragraph (b), procure identified learning and teaching support material from a supplier where such procurement will be more cost effective than the central procurement of such material by the Head of Department; and |
(b) |
must provide the Head of Department with documentary proof that the procurement of the identified learning and teaching support material from the supplier referred to in paragraph (a) will be more cost effective than the central procurement thereof by the Head of Department. |
[Section 21(3A) inserted by section 14 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 decision of the Head of Department on such application must be conveyed in writing to the governing body concerned, giving reasons. |
(6) |
The Member of the Executive Council may, by notice in the Provincial Gazette, determine that some governing bodies may exercise one or more functions without making an application contemplated in subsection (1), if— |
(a) |
he or she is satisfied that the governing bodies concerned have the capacity to perform such function effectively; and |
(b) |
there is a reasonable and equitable basis for doing so. |