Trade Marks Act, 1993
R 385
South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 2 : Learners3. Compulsory attendance |
| (1) | Subject to this Act and any applicable provincial law, every parent must cause every learner for whom he or she is responsible to attend [a] school, starting from grade R on the first school day of the year in which such learner reaches the age of six years and not leaving school until the last school day of the year in which such learner reaches the age of 15 years or will complete grade nine, whichever occurs first. |
[Section 3(1) substituted by section 2(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]
| (2) | The Minister must, by notice in the Government Gazette, determine the ages of compulsory attendance at school for learners with special education needs. |
| (3) | Every Member of the Executive Council must ensure that there are enough school places so that every child who lives in his or her province can attend school as required by subsections (1) and (2). |
| (4) | If a Member of the Executive Council cannot comply with subsection (3) because of a lack of capacity existing at the date of commencement of this Act, he or she must take steps to remedy any such lack of capacity as soon as possible and must make an annual report to the Minister on the progress achieved in doing so. |
| (5) | If a learner who is subject to compulsory attendance in terms of subsection (1) is not enrolled at or fails to attend a school, the Head of Department may— |
| (a) | investigate the circumstances of the learner's absence from school; |
| (b) | take appropriate measures to remedy the situation; and |
| (c) | failing such a remedy, issue a written notice to the parent of the learner requiring compliance with subsection (1). |
| (6) | Subject to this Act and any other applicable law— |
| (a) | any parent who, without just cause and after a written notice from the Head of Department, fails to comply with subsection (1) is guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding 12 months, or to both a fine and such imprisonment, alternatively a court may impose a sentence within the court’s discretion as contemplated in terms of the Criminal Procedure Act; or |
| (b) | any other person who, without just cause, prevents a learner who is subject to compulsory attendance from attending school is guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding 12 months, or to both a fine and such imprisonment, alternatively a court may impose a sentence within the court’s discretion as contemplated in terms of the Criminal Procedure Act. |
[Section 3(6) substituted by section 2(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) | Any person who, unlawfully and intentionally interrupts, disturbs or hinders any official educational activity of a school, or hinders or obstructs any school in the performance of the school’s official educational activities, is guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding 12 months, or to both a fine and such imprisonment. |
[Section 3(7) inserted by section 2(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]
