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South African Schools Act, 1996 (Act No. 84 of 1996)

Regulations

Regulations relating to the Exemption of parents from payment of School Fees in Public Schools, 2005

1. Definitions

 

In these regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned to it and, unless the context indicates otherwise—

 

"application"

means an application by a parent for total, partial or conditional exemption from paying school fees;

 

"automatic exemption"

means the total exemption available to—

(a) a person who has the responsibility of a parent in respect of a child placed in—
(i) a foster home;
(ii) a youth care centre;
(iii) a place of safety; or
(iv) an orphanage;
(b) a person who is a kinship caregiver of an orphan or of a child who—
(i) has been abandoned by his or her parents; and
(ii) is without any visible means of support;
(c) a person who receives a social grant on behalf of a child; or
(d) a child who heads a household;

 

"combined annual gross income of parents"

means the annual gross income of the parents, calculated together, or, if a learner has only one parent, the total annual gross income of such parent;

 

"competent authority"

includes a chief, minister of religion or headman, or a councillor of a local authority;

 

"conditional exemption"

means the exemption granted to a parent who—

(a) qualifies for partial exemption but, owing to personal circumstances beyond his or her control, cannot pay even the reduced amount; or
(b) does not qualify for exemption but supplies information indicating his or her inability to pay school fees owing to personal circumstances beyond his or her control,

which exemption the school governing body grants with the proviso that the parent agrees to certain conditions for the payment of the school fees;

 

"exemption"

means the total, partial or conditional exemption of parents who are unable to pay school fees from the payment of such fees;

 

"income"

means—

(a) gross salary or wages;
(b) money received from investments; and
(c) profit gained from any form of business undertaking;

 

"parent"

means a parent as defined in the Act;

 

"partial exemption"

means the financial concession granted to a parent in terms of which he or she is liable for the payment of only a portion of the school fees;

 

"the Act"

means the South African Schools Act, 1996 (Act No. 84 of 1996); and

 

"total exemption"

means the financial concession—

(a) granted to a parent in accordance with the calculation result contemplated in regulation 6(3); or
(b) available to a parent as a result of his or her qualifying for the automatic exemption contemplated in regulation 4(3).