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| South Africa WESTERN CAPE PROVINCIAL LEGISLATION OVERVIEWS  |
||
Western Cape Provincial School
Education Act, No. 12 of 1997
Long title
To provide for a uniform [sic - non-italicized] education system for the organisation, governance and funding of all schools; consequentially to repeal certain laws relating to schools; and to make provision for the specific educational needs of the province.
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| CHAPTER 1. APPLICATION OF ACT | |
| 1. | Definitions |
| CHAPTER
2. EXECUTION OF ACT |
|
| 2. | Control
of education |
| 3. | Determination
of provincial education policy |
| 4. | General
functions of the Provincial Minister [...Title amended by Act
wc_2010_007_027_20101210 Sch - was entitled "General
functions of the Member of the Executive Council"] |
| 5. | Authority
of the Provincial Minister regarding governing bodies [...Title amended by Act
wc_2010_007_027_20101210 Sch - was entitled "Authority
of the Member of the Executive Council regarding governing bodies"] |
| 6. | Enhancement
of capacity of governing bodies |
| 7. | General
functions of Head of Department |
| 7A. | ... [...inserted by Act
wc_2010_007_005_20101210] [... repealed by Act wc_2018_004_004_20181229 - was entitled "Compliance with norms and standards"] |
| 8. | Authority
of Head of Department regarding governing bodies |
| 8A. | Procurement of goods and services [... inserted by Act wc_2018_004_005_20181229] |
| 9. | Visitation
and assessment of schools and hostels [...Title amended by Act
wc_2010_007_006_20101210 - was entitled "Inspection
of schools and hostel"] |
| 9A. | Monitoring and support of curriculum delivery [... inserted by Act wc_2018_004_006_20181229] |
| 10. | Appointment
of school attendance officers |
| 11. | Establishment and functions of Education Council [...Title amended by Act wc_2010_007_007_20101210 - was entitled "Establishment and functions of education council"] |
| 11A. | Establishment of Schools Evaluation Authority [... inserted by Act wc_2018_004_008_20181229] |
| 11B. | Eligibility for appointment as Chief Evaluator, Lead Evaluator or Evaluator [... inserted by Act wc_2018_004_008_20181229] |
| 11C. | Removal from office [... inserted by Act wc_2018_004_008_20181229] |
| 11D. | Functions of Schools Evaluation Authority [... inserted by Act wc_2018_004_008_20181229] |
| 11E. | Remuneration and allowances [... inserted by Act wc_2018_004_008_20181229] |
| 11F. | Functions of Head of Department regarding Schools Evaluation Authority [... inserted by Act wc_2018_004_008_20181229] |
| 11G. | Dissolution [... inserted by Act wc_2018_004_008_20181229] |
| 11H. | Regulations regarding Schools Evaluation Authority [... inserted by Act wc_2018_004_008_20181229] |
| CHAPTER
3. PUBLIC SCHOOLS |
|
| 12. | Establishment
and maintenance of public schools |
| 12A. | Merger
of public schools [...inserted by Act wc_2010_007_008_20101210] |
| 12B. | Identification
of underperforming public schools [...inserted by Act wc_2010_007_008_20101210] |
| 12C. | Collaboration schools [... inserted by Act wc_2018_004_011_20181229] |
| 12D. | Donor funded public schools [... inserted by Act wc_2018_004_011_20181229] |
| 12E. | Intervention facility [... inserted by Act wc_2018_004_011_20181229] |
| 13. | Governance
and professional management of public schools |
| 13A. | Functions
and responsibilities of principal of public school [...inserted by Act wc_2010_007_010_20101210] |
| 14. | Public
schools on private property |
| 15. | Status
of public schools |
| 16. | Public
schools on State property |
| 17. | Expropriation |
| 18. | Closure
of public schools |
| 19. | Liability
of the State |
| 20. | Duty
of schools to provide information |
| 20A. | Schools
for learners with special education needs [...inserted by Act wc_2010_007_011_20101210] |
| 20B. | Norms
and standards for basic infrastructure and capacity in public schools [...inserted by Act wc_2010_007_011_20101210] |
| CHAPTER
4. GOVERNING BODIES |
|
| 21. | Establishment
of governing bodies for public schools |
| 21A. | Functions
of all governing bodies [...inserted by Act wc_2010_007_012_20101210] |
| 22. | Meetings
of governing bodies |
| 23. | Committees |
| 24. | Regulations
relating to governing bodies |
| 25. | Continuation
of certain councils |
| 26. | Remuneration
of members of governing bodies and committees of governing bodies |
| 26A. | Code
of conduct of governing body [...inserted by Act wc_2010_007_013_20101210] |
| CHAPTER
5. INDEPENDENT
SCHOOLS |
|
| 27. | Establishment
of independent schools |
| 27A. | Admission
age to independent school [...inserted by Act wc_2010_007_014_20101210] |
| 28. | Application
for registration |
| 29. | Consideration
of applications for registration of independent schools |
| 30. | Registration of independent schools |
| 31. | Subsidies
to registered independent schools |
| 32. | Withdrawal
of registration |
| 33. | Appeal
against refusal or withdrawal of registration |
| 34. | Declaration
of independent schools as public schools |
| 35. | Consequences
of declaration as public school |
| 36. | Registration
of learners for education at home |
| 37. | Regulations
relating to independent schools |
| 38. | Continued
existence of private schools |
| CHAPTER
6. LEARNERS |
|
| 39. | Identification,
admission, placement, referral, transfer, discharge and exemption of
learners with special education needs |
| 40. | ... [,,, repealed by Act wc_2018_004_019_20181229 - was entitled "Additional
powers of children’s court in relation to learners with
special education needs"] |
| 41. | Admission
to public schools |
| 42. | Compulsory
school attendance |
| 43. | Exemption
from compulsory school attendance |
| 44. | Language
policy and religious observances at public schools |
| 45. | Code of
conduct, suspension and
expulsion at public schools |
| 45A. | Prohibition
of dangerous objects, illegal drugs and alcoholic liquor on school
premises [...inserted
by Act
wc_2010_007_019_20101210] |
| 45B. | Exception to prohibition of alcoholic liquor on school premises or during school activities [...inserted by Act wc_2018_004_023_20181229] |
| 45C. | Consent for school outings [...inserted by Act wc_2018_004_023_20181229] |
| 46. | Corporal
punishment |
| 46A. | Prohibition
of initiation practices [...inserted by Act wc_2010_007_020_20101210] |
| 46B. | Prohibition
of political activities during school time [...inserted by Act wc_2010_007_020_20101210] |
| 47. | Exclusions of
provisions of
Compensation for Occupational Injuries and Diseases Act, 1993 |
| 48. | Representative
council of learners |
| CHAPTER
7. MISCELLANEOUS |
|
| 49. | School fees at
public schools [...Title amended by Act
wc_2010_007_022_20101210 - was
entitled "School and
boarding fees at public
schools" - amended by unmarked omission] |
| 50. | School funds
and assets of public
schools |
| 51. | Annual budget
of public school |
| 51A. | Prohibition
of payment of unauthorised remuneration, or giving of financial benefit
or benefit in kind to certain employees [...inserted by Act wc_2010_007_023_20101210] |
| 52. | Financial
records and statements
of public schools |
| 53. | Audit or
examination of financial
records and statements |
| 54. | Financial year
of public school |
| 54A. | Application
of section 14 of the Employment of Educators Act in respect of
temporary educators and educators employed on contract [...inserted by Act wc_2010_007_024_20101210] |
| 54B. | Deemed
discharge of educator. [...inserted by Act wc_2010_007_024_20101210] |
| 54C. | Time
period for lodging grievances concerning appointment or
promotion [...inserted by Act wc_2010_007_024_20101210] |
| 54D. | Disputes
arising from section 54A or 54B [...inserted by Act
wc_2010_007_024_20101210] |
| 55. | Unauthorized
persons may not visit
a public school or enter the school premises |
| 56. | Offences
relating to independent
schools |
| 57. | Offences
relating to compulsory
school attendance |
| 58. | Offences
relating to functions of
particular persons |
| 59. | Offences
relating to unauthorized
persons on school premises |
| 59A. | Offences relating to activities on school premises [...inserted by Act wc_2018_004_026_20181229] |
| 60. | Penalties |
| 61. | Delegation of
powers |
| 62. | Indemnity
against loss or damage |
| 63. | Regulations |
| 64. | Repeal of laws
and savings |
| 65. | Short title
and commencement |
| Sch. | SCHEDULE. LAWS REPEALED [s64] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act wc_1997_012_000_19971209 | EXT.LINK N/A (ALT) |
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| As amended by Act wc_2010_007_000_20101210 | N/A | REQ.INFO | LINK |
| As amended by Act wc_2018_004_000_20181229 | N/A | REQ.INFO | LINK |
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