| (2) |
The governing body of a public school may, subject to subsection (7), determine the language policy of the school subject to the Constitution, this Act and any applicable provincial law: Provided that the language policy of a public school must be limited to one or more of the official languages of the Republic as provided in section 6(1) of the Constitution. |
[Section 6(2) substituted by section 5(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]
| (3) |
No form of racial discrimination may be practiced in implementing policy determined under this section. |
| (4) |
South African Sign Language has the status of an official language for purposes of learning at a public school. |
[Section 6(4) substituted by section 5(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) |
The governing body of a public school, when determining the language policy of the school or any amendment thereof, must be satisfied that the policy or the amendment thereof takes into account the language 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— |
| (a) |
the best interests of the child, with emphasis on equality as provided for in section 9 of the Constitution and equity; |
| (b) |
section 6(2) of the Constitution; |
| (c) |
section 29(2) of the Constitution; |
| (d) |
the changing number of learners who speak the language of learning and teaching at the public school; |
| (e) |
the need for effective use of classroom space and resources of the public school; and |
| (f) |
the enrolment trends of the public school. |
[Section 6(5) inserted by section 5(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]
| (6) |
The governing body must review the language policy determined in terms of this section every three years or whenever the factors referred to in subsection (5) have changed, when circumstances so require, or at the request of the Head of Department. |
[Section 6(6) inserted by section 5(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]
| (7) |
Notwithstanding the provisions of subsection (2), the Head of Department may, where it is practicable to do so and subject to subsection (5), direct a public school to adopt more than one language of instruction. |
[Section 6(7) inserted by section 5(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]
| (8) |
The Head of Department, in determining whether it is practicable for a public school to have more than one language of instruction, must take into account factors including, but not limited to— |
| (a) |
the best interests of the child, with emphasis on equality as provided for in section 9 of the Constitution and equity; |
| (b) |
the changing number of learners who speak the language of learning and teaching at the public school; |
| (c) |
the need for effective use of classroom space and resources of the public school; and |
| (d) |
the language needs, in general, of the broader community in the education district in which the public school is situated. |
[Section 6(8) inserted by section 5(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]
| (9) |
The Head of Department may not act in terms of subsection (7) unless he or she has— |
| (a) |
in writing, informed the school and the governing body of his or her intention to act as contemplated in subsection (7) and his or her reasons therefor; |
| (b) |
notified the parents associated with the school, and the community in which the school is situated, of his or her intention so to act and the reasons therefor— |
| (i) |
by means of a notice in at least one newspaper circulating in the area where the school is situated, if any newspapers circulate in that area; |
| (ii) |
by causing the principal of the school to— |
| (aa) |
hand to every learner a notice containing the relevant information; and |
| (bb) |
instruct the learners to hand the notice to their parents; and |
| (iii) |
by means of any other acceptable form of communication that will ensure that the information is spread as widely as possible; |
| (c) |
granted the school, the governing body, the parents associated with the school, and the community in which the school is situated, a reasonable opportunity to make representations to him or her in relation to such action; |
| (d) |
conducted a public hearing, on reasonable notice, to enable the community to make representations to him or her in relation to such action; and |
| (e) |
given due consideration to any such representations received. |
[Section 6(9) inserted by section 5(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]
| (10) |
The Head of Department must— |
| (a) |
inform the school and the governing body of his or her decision contemplated in subsection (7) and his or her reasons therefor; and |
| (b) |
by means of the methods listed in subsection (9)(b), notify the parents associated with the schools, and the communities in which the schools are situated, of the decision. |
[Section 6(10) inserted by section 5(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]
| (11) |
If the Head of Department acts in terms of subsection (7), he or she must, before his or her directive is implemented, take all necessary steps to ensure that the public school concerned receives the necessary resources, including, but not limited to— |
| (b) |
learning and teaching support material, |
to enable that public school to provide adequate tuition in the additional language or languages of instruction.
[Section 6(11) inserted by section 5(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]
| (12) |
If the governing body is not satisfied with the directive of the Head of Department as contemplated in subsection (7), the governing body may appeal against the directive to the Member of the Executive Council within 14 days after receiving the directive. |
[Section 6(12) inserted by section 5(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]
| (13) |
If an appeal contemplated in subsection (12) has been received, the Member of the Executive Council must, within 14 days after receiving such appeal, consider and decide the matter and inform the governing body of the outcome of the appeal. |
[Section 6(13) inserted by section 5(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]
| (14) |
While the Member of the Executive Council considers the appeal, the language policy of the public school 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 6(14) inserted by section 5(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]
Safety at Sports and Recreational Events Act, 2010
