Older Persons Act, 2006
R 385
South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 2 : Learners8A. Random search and seizure and drug testing at schools |
| 1) | Unless authorised by the principal for legitimate educational purposes, no person may bring a dangerous object or illegal drug onto school premises or have such object or drug in his or her possession on school premises or during any school activity. |
| 2) | Subject to subsection (3), the principal or his or her delegate may, at random, search any group of learners, or the property of a group of learners, for any dangerous object or illegal drug, if a fair and reasonable suspicion has been established— |
| a) | that a dangerous object or an illegal drug may be found on school premises or during a school activity; or |
| b) | that one or more learners on school premises or during a school activity are in possession of dangerous objects or illegal drugs. |
| 3) |
| a) | A search contemplated in subsection (2) may only be conducted after taking into account all relevant factors, including — |
| i) | the best interest of the learners in question or of any other learner at the school; |
| ii) | the safety and health of the learners in question or of any other learner at the school; |
| iii) | reasonable evidence of illegal activity; and |
| iv) | all relevant evidence received. |
| b) | When conducting a search contemplated in subsection (2), the principal or his or her delegate must do so in a manner that is reasonable and proportional to the suspected illegal activity. |
| 4) | Where a search contemplated in subsection (2) entails a body search of the learners in question, such search may only— |
| a) | be conducted by— |
| i) | the principal, if he or she is of the same gender as the learner; or |
| ii) | by the principal's delegate, who must be of the same gender as the learner; |
| b) | be done in a private area, and not in view of another learner; |
| c) | be done if one adult witness, of the same gender as the learner, is present; and |
| d) | be done if it does not extend to a search of a body cavity of the learner. |
| 5) | Any dangerous object or illegal drug that has been seized must be— |
| a) | clearly and correctly labelled with full particulars, including— |
| i) | the name of learner in whose possession it was found; |
| ii) | the time and date of search and seizure; |
| iii) | an incident reference number; |
| iv) | the name of person who searched the learner; |
| v) | the name of the witness; and |
| vi) | any other details that may be necessary to identify the item and incident; |
| b) | recorded in the school record book; and |
| c) | handed over to the police immediately to dispose of it in terms of section 31 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
| 6) | If the police cannot collect the dangerous object or illegal drug from the school immediately, the principal or his or her delegate must— |
| a) | take the dangerous object or illegal drug to the nearest police station; and |
| b) | hand the dangerous object or illegal drug over to the police to dispose of it in terms of section 31 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
| 7) | The police officer who receives the dangerous object or illegal drug must issue an official receipt for it to the principal or to his or her delegate. |
| 8) | The principal or his or her delegate may at random administer a urine or other non-invasive test to any group of learners that is on fair and reasonable grounds suspected of using illegal drugs, after taking into account all relevant factors contemplated in subsection (3). |
| 9) | A learner contemplated in subsection (8) may be subjected to a urine or other non-invasive test for illegal drugs only if— |
| a) | the test is conducted by a person of the same gender; |
| b) | it is done in a private area and not in view of another learner; |
| c) | one adult witness, of the same gender as the learner, is present; |
| d) | the sample is clearly and correctly labelled with full particulars as contemplated in subsection (5), with the necessary changes; and |
| e) | a device contemplated in subsection (11) is used. |
| 10) | The principal or his or her delegate must— |
| a) | within one working day, if practicable, inform the parent that a random test or search and seizure was done in respect of his or her child; and |
| b) | inform the learner and his or her parent of the result of the test immediately after it becomes available. |
| 11) | The Minister must— |
| a) | identify the device with which the test contemplated in subsection (8) is to be done and the procedure to be followed; and |
| b) | publish the name of this device, and any other relevant information about it, in the Gazette. |
| 12) | A learner may be subjected to disciplinary proceedings if— |
| a) | a dangerous object or illegal drug is found in his or her possession; or |
| b) | his or her sample tested positive for an illegal drug. |
| 13) | Any disciplinary proceedings in respect of a learner must be conducted in terms of the code of conduct contemplated in section 8. |
| 14) | No criminal proceedings may be instituted by the school against a learner in respect of whom— |
| a) | a search contemplated in subsection (2) was conducted and a dangerous object or illegal drug was found; or |
| b) | a test contemplated in subsection (8) was conducted, which proved to be positive. |
