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

Chapter 3 : Public Schools

22. Withdrawal of functions from governing bodies

 

 

1) The Head of Department May, on reasonable grounds, withdraw a function of a governing body.

 

2) The Head of Department may not take action under subsection (1) unless he or she has –
a) informed the governing body of his or her intention so to act and the reasons therefor;
b) granted the governing body a reasonable opportunity to make representations to him or her relating to such intention; and
c) given due consideration to any such representations received.

 

3) In cases of urgency, the Head of Department may act in terms of subsection (1) without prior communication to such governing body, if the Head of Department thereafter –
a) furnishes the governing body with reasons for his or her actions;
b) gives the governing body a reasonable opportunity to make representations relating to such actions; and
c) duly considers any such representations received.

 

4) The Head of Department may for sufficient reasons reverse or suspend his or her action in terms of subsection (3).

 

5) Any person aggrieved by a decision of the Head of Department in terms of this section may appeal against the decision to the Member of the Executive Council.