Safety at Sports and Recreational Events Act, 2010
R 385
South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 4 : Funding of Public Schools 38. Annual budget of public school |
| (1) | A governing body of a public school must prepare a budget each year according to prescriptions determined by the Member of the Executive Council in a Provincial Gazette, which shows the estimated income and expenditure of the school for the following financial year. |
| (2) | Before a budget referred to in subsection (1) is approved by the governing body, it must be presented to a general meeting of parents convened on at least 30 days' notice, for consideration and approval by a majority of parents present and voting. |
| (3) | When notice is given to the parents as contemplated in subsection (2)— |
| (a) | the budget, together with a document explaining the budget, must be made available to the parents by means of the existing communication channels of the school; and |
| (b) | the parents must be informed that the document and the budget will be available for inspection at the school at least 14 days prior to the meeting. |
[Section 38(3) substituted by section 28(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]
| (4) | If a governing body finds it necessary to— |
| (a) | deviate from the initial budget that has been approved as contemplated in subsection (2), and the deviation will be 10 per cent or more of the initial budget; or |
| (b) | reallocate funds for use for a purpose different to that which was approved by the parents as contemplated in subsection (2), |
the governing body must present such deviation or reallocation to a general meeting of parents convened specifically for that purpose, on at least 14 days’ notice, for consideration and approval by a majority of parents present and voting.
[Section 38(4) inserted by section 28(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]
| (5) | When notice is given to the parents as contemplated in subsection (4)— |
| (a) | a document explaining and providing reasons for the deviation or reallocation must be made available to parents by means of the existing communication channels of the school; and |
| (b) | the parents must be informed that the document will be available for inspection at the school at least 14 days prior to the meeting. |
[Section 38(5) inserted by section 28(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]
| (6) | A quorum of 10 per cent of parents is required for the general meetings of parents contemplated in subsections (2) and (4). |
[Section 38(6) inserted by section 28(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]
| (7) | If the quorum contemplated in subsection (6) is not reached at the general meeting of parents— |
| (a) | the chairperson shall determine the date, time and place for the second meeting of the general meeting and notify parents 14 days prior to such meeting; |
| (b) | the principal shall, at least seven days prior to the date of the second general meeting, distribute a copy of the notice to every learner at the school with an instruction to hand the notice to the parents; and |
| (c) | there shall be no quorum required at the second general meeting. |
[Section 38(7) inserted by section 28(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]
