| (1) |
Subject to the Constitution, this Act and any applicable provincial law, a governing body of a public school must adopt a code of conduct for the learners after consultation with the learners, parents and educators of the school. |
[Section 8(1) substituted by section 7(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) |
A code of conduct referred to in subsection (1) must be aimed at establishing a disciplined and purposeful school environment, dedicated to the improvement and maintenance of the quality of the learning process, taking into account the diverse cultural beliefs, religious observances and medical circumstances of the learners at the school. |
[Section 8(2) substituted by section 7(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]
(4)
| (a) |
Nothing contained in this Act exempts a learner from the obligation to comply with the code of conduct of the school attended by such learner. |
| (b) |
Despite paragraph (a), the code of conduct must contain an exemption provision in terms of which a learner, or the parent of a learner, may apply to the governing body for exemption of that learner from complying with certain provisions of the code of conduct on account of, but not limited to, the following circumstances that a learner may bring to the attention of the principal or governing body of the school: |
| (ii) |
religious observances; and |
| (c) |
On receiving an application contemplated in paragraph (b), the school governing body must communicate its decision to the learner, or the parent of the learner, as the case may be, within 14 days after receiving the application, and must in the case of a refusal provide written reasons for the refusal. |
| (d) |
A learner, or the parent of a learner, who has been refused exemption as contemplated in paragraph (c) may, within 14 days of receiving the notice of the decision, appeal to the Head of Department against the decision of the governing body, and the Head of Department must, after considering the reasons for the appeal and the reasons for the refusal by the governing body, communicate his or her decision to the learner or the parent of the learner, as the case may be, and to the governing body, within 14 days after receiving the appeal, and must provide written reasons for his or her decision. |
[Section 8(4) substituted by section 7(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]
(5)
| (a) |
A code of conduct must contain provisions of due process safeguarding the interests of the learner and any other party involved in disciplinary proceedings. |
| (b) |
The code of conduct must also provide for support measures or structures for counseling a learner involved in disciplinary proceedings. |
| (c) |
The disciplinary proceedings referred to in this subsection must be age-appropriate, must be conducted in the best interests of the learner, and must adhere to the principles of natural justice, fairness and reasonableness prescribed by the Constitution. |
[Section 8(5)(c) inserted by section 7(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) |
A learner must, be accompanied by his or her parent or a person designated by the parent at disciplinary proceedings, unless good cause is shown by the governing body for the continuation of the proceedings in the absence of the parent or the person designated by the parent. |
| (7) |
Whenever disciplinary proceedings are pending before any governing body, and it appears to such governing body that it would expose a witness under the age of 18 years to undue mental stress or suffering if he or she testifies at such proceedings, the governing body may, if practicable, appoint a competent person as an intermediary in order to enable such witness to give his or her evidence through that intermediary. |
(8)
| (a) |
An examination, cross-examination or re-examination of a witness in respect of whom a governing body has appointed an intermediary under subsection (7), except examination by the governing body, must not take place in any manner other than through that intermediary. |
| (b) |
Such intermediary may, unless the governing body directs otherwise, convey the general purport of any question to the relevant witness. |
| (9) |
If a governing body, appoints an intermediary under subsection (7) the governing body may direct that the relevant witness must give his or her evidence at any place which— |
| (a) |
is informally arranged to put that witness at ease; |
| (b) |
is arranged in a manner in which any person whose presence may upset that witness, is outside the sight and hearing of that witness; and |
| (c) |
enables the governing body and any person whose presence is necessary at the relevant proceedings to hear, through the medium of any electronic or other devices, that intermediary as well as that witness during his or her testimony. |
Trade Marks Act, 1993
