South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 3 : Public Schools22. Withdrawal of functions from governing bodies |
| 1) | The Head of Department May, on reasonable grounds, withdraw a function of a governing body. |
| 2) | The Head of Department may not take action under subsection (1) unless he or she has – |
| a) | informed the governing body of his or her intention so to act and the reasons therefor; |
| b) | granted the governing body a reasonable opportunity to make representations to him or her relating to such intention; and |
| c) | given due consideration to any such representations received. |
| 3) | In cases of urgency, the Head of Department may act in terms of subsection (1) without prior communication to such governing body, if the Head of Department thereafter – |
| a) | furnishes the governing body with reasons for his or her actions; |
| b) | gives the governing body a reasonable opportunity to make representations relating to such actions; and |
| c) | duly considers any such representations received. |
| 4) | The Head of Department may for sufficient reasons reverse or suspend his or her action in terms of subsection (3). |
| 5) | Any person aggrieved by a decision of the Head of Department in terms of this section may appeal against the decision to the Member of the Executive Council. |