Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Regulations

Regulations relating to Assistance to Victims in respect of Basic Education, 2014

1. Definitions

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

 

"accounting officer"

means the officer appointed by the Minister of Justice and Constitutional Development under section 42(6) of the Act;

 

"administrator"

means—

(a)an official in the Department designated by the Director-General for the purposes of dealing with applications for assistance in terms of these Regulations and matters related thereto; or
(b)an employee of the National Students Financial Aid Scheme;

 

"applicant"

means the following persons who apply for assistance in terms of regulation 10:

(a)A victim;
(b)a relative or dependant of a victim; or
(c)a person who exercises parental responsibility over a victim or a relative or dependant of a victim and who applies for assistance on behalf of a victim or a relative or dependant of a victim;

 

"application form"

means the form provided for in regulation10(2);

 

"assistance"

means the monetary assistance provided for in regulation 5, 6

or 7 of the Regulations;

 

"beneficiary"

means a victim or a relative or dependant of a victim in respect of whom an application for assistance has been approved;

 

"COVID-19"

for the purposes of regulation 15A means the Novel Coronavirus (2019-nCov2) which is an infectious disease caused by a virus that has previously not been scientifically identified in humans, which emerged during 2019 and was declared a global pandemic by the World Health Organisation in 2020;

[Definition inserted by section 2 of Notice No. R. 1193, GG43890, dated 6 November 2020]

 

"days"

means calendar days;

 

"dedicated official"

means an official in the Department of Justice and Constitutional Development designated by the Director-General of that Department for the purposes of verifying the status of an applicant in terms of regulation 12;

 

"Department"

means the Government department responsible for basic education at national level;

 

"Director-General"

means the Director-General of the Department of Basic Education;

 

"Fund"

means the Fund established under section 42(1) of the Act;

 

"fund administrator"

the officer designated by the Minister of Justice and Constitutional Development under section 42(5) of the Act;

 

"further education"

means education offered by a school at the level of grades 10, 11 and 12;

 

"general education"

means the compulsory school attendance phase referred to in section 3 of the South African Schools Act;

 

"grade R"

means the reception year preceding grade 1;

 

"household"

means the following persons who live together:

(a)A person married to a victim under any law, custom or belief;
(b)a child of a victim irrespective of whether or not the child was born of unmarried parents or was adopted;
(c)a grandchild of a victim;
(d)the parents of a victim; and
(e)the grandparents of a victim;

 

"independent school"

means a school registered or deemed to be registered in terms of section 46 of the South African Schools Act;

 

"learner"

means any person receiving education in terms of the South African Schools Act;

 

"Minister"

means the Cabinet member responsible for basic education at national level;

 

"National Student Financial Aid Scheme"

means the juristic person established by section 3 of the National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999);

 

"organ of state"

means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;

 

"public school"

means a school contemplated in Chapter 3 of the South African Schools Act;

 

"relative or dependant of a victim"

means a relative or dependant of a victim as determined by the President in terms of Regulation 1(2) of the Regulations relating to Measures to Provide Urgent Interim Reparation to Victims, published under Government Notice No. R. 545 of 3 April 1998, in accordance with section 40(1)(c) of the Act;

 

"school"

means a public school or an independent school which enrols learners in one or more grades from grade R to grade 12;

 

"school fees"

(a)for the purposes of a public school, means the school fees defined in section 1 of the South African Schools Act; and
(b)for the purposes of an independent school, means any form of contribution of a monetary nature made or paid by a person or body in relation to the attendance or participation by a learner in any programme of that school;

 

"Social Assistance Act"

means the Social Assistance Act, 2004 (Act No. 13 of 2004);

 

"South African Schools Act"

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

 

"the Act"

means the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995);

 

"victim"

means a person contemplated in the definition of "victim" in section 1 of the Act, and who has been found by the Truth and Reconciliation Commission to be a victim, in accordance with the provisions of the Act; and

 

"vulnerable household"

means a household, which at the date of the application for assistance, consists of four or more members and where—

(a)the majority of the members of the household is over the age of 65 years;
(b)the majority of the members of the household is receiving social assistance in terms of the Social Assistance Act;
(c)one of the members of the household, irrespective of his or her age, is physically or mentally disabled as contemplated in section 9 of the Social Assistance Act;
(d)one of the members of the household, who is under the age of 18 years, must work in order to contribute to the income of the household due to the limited income of that household; or
(e)only one member of the household is working.