[Section 22 heading substituted by section 15 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]
| (1) |
The Head of Department may, on reasonable grounds, withdraw one or more functions of a governing body. |
| (2) |
The Head of Department may not take action in terms of subsection (1) unless he or she has— |
| (a) |
in writing, 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; |
| (c) |
given due consideration to any such representations received; and |
| (d) |
informed the governing body of his or her final decision, in writing. |
| (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 immediately thereafter— |
| (a) |
furnishes the governing body with written reasons for his or her actions; |
| (b) |
grants the governing body a reasonable opportunity to make representations to him or her relating to such actions; |
| (c) |
duly considers any such representations received; and |
| (d) |
informs the governing body of his or her final decision, in writing. |
| (4) |
The Head of Department may for sufficient reasons reverse or suspend his or her action in terms of subsection (1) or (3). |
| (5) |
If the Head of Department acts in terms of subsection (1) or (3), he or she must appoint sufficiently qualified persons to perform the withdrawn function or functions, as the case may be, for a period not exceeding three months. |
| (6) |
The Head of Department may extend the period referred to in subsection (5) by further periods not exceeding three months each, but the total period may not exceed one year. |
| (7) |
The persons contemplated in subsection (5) must, within the period of their appointment, build the necessary capacity to ensure that the governing body will thereafter be able to perform the functions that it previously failed to perform. |
| (8) |
The persons contemplated in subsection (5) shall have exclusive voting rights and decision making powers on any function that they have been appointed to perform. |
| (9) |
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, and the Member of the Executive Council must communicate his or her decision to the aggrieved person within 30 days after receiving the appeal and must provide written reasons for his or her decision. |
[Section 22 substituted by section 15 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
