South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 3 : Public Schools25. Dissolution of governing body |
[Section 25 heading substituted by section 19 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]
| (1) | The Head of Department may, on reasonable grounds, dissolve a governing body that has ceased to perform its functions in terms of this Act or any provincial law. |
| (2) | If the Head of Department acts in terms of subsection (1), he or she must appoint sufficiently qualified persons to perform all the functions of the governing body for a period not exceeding three months. |
| (3) | The Head of Department may extend the period referred to in subsection (2) by further periods not exceeding three months each, but the total period may not exceed one year. |
| (4) | The persons contemplated in subsection (2) shall have exclusive voting rights and decision making powers on all the functions of the governing body. |
| (5) | The Head of Department may not take action in terms of subsection (1) unless he or she has— |
| (a) | in writing, 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; |
| (c) | given due consideration to any such representations received; and |
| (d) | informed the governing body of his or her final decision, in writing. |
| (6) | If the Head of Department has dissolved a governing body as contemplated in subsection (1), he or she must ensure that a new governing body is elected in terms of this Act, within a year after the appointment of the persons contemplated in subsection (2). |
| (7) | 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, and the Member of the Executive Council must communicate his or her decision to the aggrieved person within 14 days after receiving the appeal and must provide written reasons for his or her decision. |
[Section 25 substituted by section 19 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]