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

Chapter 3 : Public Schools

14. Public schools on private property

 

 

1) Subject to the Constitution and an expropriation in terms of section 58 of land or a real right to use the property on which the public school is situated, a public school may be provided on private property only in terms of an agreement between the Member of the Executive Council and the owner of the private property.

 

2) An agreement contemplated in subsection (1) must be consistent with this Act and in particular must provide for –
a) the provision of education and the performance of the normal functions of a public school;
b) governance of the school, including the relationship between the governing body of the school and the owner;
c) access by all interested parties to the property on which the school stands;
d) security of occupation and use of the property by the school;
e) maintenance and improvement of the school buildings and the property on which the school stands and the supply of necessary services;
f) protection of the owner's rights in respect of the property occupied, affected or used by the school.

 

3) The provisions of the Deeds Registries Act, 1937 (Act No.  47 of 1937), do not apply to a real right, excluding ownership, acquired by the State, a public school or another party in terms of an agreement contemplated in this section.

 

4) The right contemplated in subsection (3) is enforceable against any successor in title to the owner of the immovable property in question.

 

5) Despite subsection (3), a Registrar of deeds must endorse on the title deed of the affected property that the property is subject to an agreement contemplated in this section, if the Registrar of deeds receives –
a) an application for such endorsement by the owner of the property, or the Member of the Executive Council or any other holder of a right contemplated in subsection (3), together with the title deed of the property; and
b) affidavits by the owner of the property and the Member of the Executive Council stating that an agreement contemplated in this section has been concluded.

 

6) The Minister must, after consultation with the Council of Education Ministers, make regulations regarding the minimum requirements of an agreement contemplated in this section.

 

7) the Registrar of deeds may cancel any endorsement made in accordance with subsection (5) if the owner of the property submits an affidavit from the Member of the Executive Council of the province in which the public school is situated to the effect that such public school has been closed in terms of section 33.

 

8) Any transfer duty, stamp duty, fees or costs payable in respect of the registration of a right in terms of subsection (3) may be paid in full or in part from funds appropriated by the provincial legislature for that purpose, but the public school contemplated in subsection (1) is not responsible for such duties, fees or costs.