| (1) |
A public school must admit, and provide education to, learners and must serve their educational requirements for the duration of their school attendance without unfairly discriminating in any way. |
[Section 5(1) substituted by section 4(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]
| (1A) |
Any learner whose parent or guardian has not provided any required documents, whether of the learner or such adult person acting on behalf of the learner, during the application for admission, shall nonetheless be allowed to attend school. |
[Section 5(1A) inserted by section 4(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]
| (1B) |
The principal of the school must advise the parent or guardian to secure the required documents. |
[Section 5(1B) inserted by section 4(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]
| (2) |
The governing body of a public school may not administer any test related to the admission of a learner to a public school, or direct or authorise the principal of the school or any other person to administer such test. |
| (3) |
No learner may be refused admission to a public school on the grounds that his or her parent—
|
| (a) |
is unable to pay or has not paid the school fees determined by the governing body under section 39; |
| (b) |
does not subscribe to the mission statement of the school; or |
| (c) |
has refused to enter into a contract in terms of which the parent waives any claim for damages arising out of the education of the learner. |
(4)
| (a) |
The admission age of a learner to a public school to grade R is age four turning five by 30 June in the year of admission: Provided that, if a school has limited capacity for admission in grade R, preference must be given to learners who are subject to compulsory attendance. |
[Section 5(4)(a) substituted by section 4(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]
| (b) |
Subject to the availability of suitable school places and other educational resources, the Head of Department may admit a learner who— |
| (i) |
is under the age contemplated in paragraph (a) if good cause is shown; and |
| (ii) |
complies with the criteria contemplated in paragraph (c). |
| (c) |
The Minister may, by regulation, prescribe— |
| (i) |
criteria for the admission to a public school, at an age lower than the admission age, of an underage learner who complies with the criteria; |
| (ii) |
age requirements for different grades at a public school. |
| (d) |
For the purpose of paragraph (b)(i), good cause shown means that— |
| (i) |
it can be shown that exceptional circumstances exist which necessitate the admission of an underage learner because admission would be in his or her best interest; and |
| (ii) |
the refusal to admit that learner would be severely detrimental to his or her development. |
| (5) |
Subject to this Act and any applicable provincial law, the admission policy of a public school is determined by the governing body of such school in line with the Constitution and relevant legislation: |
Provided that—
| (a) |
the governing body, when considering the admission policy or any amendment thereof for approval, must be satisfied that the policy or the amendment thereof takes into account the needs, in general, of the broader community in the education district in which the public school is situated, and must take into account factors including, but not limited to— |
| (i) |
the best interests of the child, with emphasis on equality as provided for in section 9 of the Constitution, and equity; |
| (ii) |
whether there are other schools in the community that are accessible to learners; |
| (iii) |
the available resources of the school and the efficient and effective use of state resources; and |
| (iv) |
the space available at the school for learners; and |
| (b) |
the Head of Department, after consultation with the governing body of the school, has the final authority, subject to subsection (9), to admit a learner to a public school; and |
| (c) |
the governing body must review the admission policy determined in terms of this section every three years or whenever the factors referred to in paragraph (a) have changed when circumstances so require, or at the request of the Head of Department. |
[Section 5(5) substituted by section 4(d) 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) |
In determining the placement of a learner with special education needs, the Head of Department and principal must take into account the fights and wishes of the parents of such learner. |
| (7) |
An application for the admission of a learner to a public school must be made to the education department in a manner determined by the Head of Department. |
| (8) |
If an application in terms of subsection (7) is refused, the Head of Department must inform the parent in writing of such refusal and the reason therefor. |
| (9) |
Any learner or parent of a learner who has been refused admission to a public school may appeal against the decision to the Member of the Executive Council within 14 days of receiving the notification of the refusal of admission to the public school. |
[Section 5(9) substituted by section 4(e) 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]
| (10) |
If an appeal contemplated in subsection (9) has been received, the Member of the Executive Council must, within 14 days after receiving such an appeal, consider and decide on the matter and inform the learner or the parent of the learner of the outcome of the appeal. |
[Section 5(10) inserted by section 4(f) 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]
| (11) |
If the governing body is not satisfied with the decision of the Head of Department as contemplated in subsection (5)(b), the governing body may appeal against the decision to the Member of the Executive Council within 14 days after receiving the decision of the Head of Department. |
[Section 5(11) inserted by section 4(f) 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]
| (12) |
If an appeal contemplated in subsection (11) has been received, the Member of the Executive Council must, within 14 days after receiving such appeal, consider and decide on the matter and inform the governing body of the outcome of the appeal. |
[Section 5(12) inserted by section 4(f) 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]
| (13) |
While the Member of the Executive Council considers the appeal, the admission policy shall remain valid and applicable, and only the provisions that are the subject of the appeal shall be suspended pending the finalisation of the appeal process. |
[Section 5(13) inserted by section 4(f) 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]
Safety at Sports and Recreational Events Act, 2010
