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South Africa
WESTERN CAPE PROVINCIAL LEGISLATION OVERVIEWS
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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 repealed by Act wc_2018_004_004_20181229 - was entitled "Compliance with norms and standards"]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]
.
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