Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions regarding the re-opening of schools and measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education and Provincial Departments of Education and in all schools in the Republic of South Africa

7. Application for deviation from phased return of learners and officials to school
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(1) A school may be permitted to deviate from the phased return to school in respect of specific grades or dates, as contemplated in direction 5(1): Provided that such school complies with the minimum health, safety and social distancing measures and requirements on COVID-19, referred to in section 5 of the DBE Standard Operating Procedures and the DBE Guidelines and, in the case of a public school, also has all the COVID-19 essentials in place and the principal and chairperson of the governing body or school board or their delegated official notifies the Head of Department—
(a) on a form substantially similar to Annexure A, of its intended deviation from the phased return to school; and
(b) on a form substantially similar to Annexure B, of the timetable to be followed with the intended phased return to school.

 

(2) The notification contemplated in sub-direction (1) must be accompanied by a signed declaration by the principal and chairperson of the governing body or school board or their delegated official—
(a) on a form substantially similar to Annexure C1, in the case of public schools; or
(b) on a form substantially similar to Annexure C2, in the case of independent schools, confirming that the school complies with the minimum health, safety and social distancing measures and requirements on COVID-19, referred to in section 5 of the DBE Standard Operating Procedures and the DBE Guidelines.

 

(3) A school may proceed with the deviation from the phased return to school once the notification and declaration, as contemplated in sub-directions (1) and (2), have been submitted to the Head of Department: Provided that the Provincial Department of Education reserves the right to conduct an inspection, once the deviation of the phased return to school has commenced, to verify the school’s compliance with the measures and requirements, as confirmed in terms of subdirection (2).

 

(4) If a school is found not to have complied with the measures and requirements, as confirmed in terms of sub-direction (2), the deviation from the phased return to school may be revoked and the school may be closed, as contemplated in section 16(4) of the South African Schools Act, until such time as the school complies with such measures and requirements.

 

(5) The principal or chairperson of the governing body or school board or their delegated official may appeal, in writing, within seven days from the date of notification of a decision to revoke the deviation of the phased return to school, to the MEC responsible for education in the province.

 

(6) The MEC responsible for education must, within seven days of receipt of an appeal, as contemplated in sub-direction (5), inform the school, in writing, of his or her decision and the reasons for the decision.

 

(7) If a school has already applied for deviation from the phased return to school in terms of the withdrawn directions, such application serves as notification of the school’s intended deviation from the phased return to school in terms of these directions.

 

(8) Despite sub-direction (7), a school with a pending application for deviation from the phased return to school must submit to the Head of Department—
(a) on a form substantially similar to Annexure B, a timetable of the intended phased return to school; and
(b) a declaration by the principal and chairperson of the governing body or school board or their delegated official—
(i) on a form substantially similar to Annexure C1, in the case of public schools; or
(ii) on a form substantially similar to Annexure C2, in the case of independent schools, confirming that the school complies with the minimum health, safety and social distancing measures and requirements on COVID-19, referred to in section 5 of the DBE Standard Operating Procedures and the DBE Guidelines.