South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 3 : Public Schools21. Allocated functions of governing bodies |
| 1) | Subject to this Act, a governing body may apply to the Head of Department in writing to be allocated any of the following functions : |
| a) | To maintain and improve the school's property, and buildings and grounds occupied by the school, including school hostels, if applicable; |
| b) | to determine the extra-mural curriculum of the school and the choice of subject options in terms of provincial curriculum policy; |
| c) | to purchase textbooks, educational materials or equipment for the school; |
| d) | to pay for services to the school; |
| dA) | to provide an adult basic education and training class or centre subject to any applicable law; or |
| e) | other functions consistent with this Act and any applicable provincial law. |
| 2) | The Head of Department may refuse an application contemplated in subsection (1) only if the governing body concerned does not have the capacity to perform such function effectively. |
| 3) | The Head of Department may approve such application unconditionally or subject to conditions. |
| 4) | The decision of the Head of Department on such application must be conveyed in writing to the governing body concerned, giving reasons. |
| 5) | Any person aggrieved by a decision of the Head of Department in terms of this section may appeal to the Member of the Executive Council. |
| 6) | The Member of the Executive Council may, by notice in the Provincial Gazette, determine that some governing bodies may exercise one or more functions without making an application contemplated in subsection (1), if – |
| a) | he or she is satisfied that the governing bodies concerned have the capacity to perform such function effectively; and |
| b) | there is a reasonable and equitable basis for doing so. |