| (1) | The Member of the Executive Council may, by notice in the Provincial Gazette, close a public school. |
| (2) | The Member of the Executive Council may not act in terms of subsection (1) unless he or she has— |
| (a) | in writing informed the school and the governing body of his or her intention so to act and his or her reasons therefore; |
| (b) | notified the parents associated with the school, and the community in which the school is situated, of his or her intention so to act and the reasons therefore— |
| (i) | by means of a notice in at least one newspaper circulating in the area where the school is situated, if any newspapers circulate in that area; |
| (ii) | by causing the principal of the school to— |
| (aa) | hand to every learner a notice containing the relevant information; and |
| (bb) | instruct the learners to hand the notice to their parents; and |
| (iii) | by means of any other acceptable form of communication that will ensure that the information is spread as widely as possible; |
| (c) | granted the school, the governing body, the parents associated with the school, and the community in which the school is situated a reasonable opportunity to make representations in relation to such action; |
| (d) | conducted a public hearing, on reasonable notice, to enable the community to make representations in relation to such action; and |
| (e) | given due consideration to any such representations received. |
(3)
| (a) | Notwithstanding the provisions of subsection (2), the Member of the Executive Council may, by notice in the Provincial Gazette, close a public school in his or her sole discretion if no learners are registered at that school. |
| (b) | The Member of the Executive Council may not act in terms of paragraph (a) unless he or she has verified, by means of a site inspection by an official nominated by him or her, that no learners are registered at that school. |
(4)
| (a) | The Member of the Executive Council may, by notice in the Provincial Gazette, close a public school if, in the case of a primary school, 135 or fewer than 135 learners are registered at that school, and, in the case of a secondary school, 200 or fewer than 200 learners are registered at that school: Provided that the provisions of this subsection do not apply where the Member of the Executive Council has, before the commencement of the Basic Education Laws Amendment Act, 2024, acted in terms of subsection (2). |
| (b) | The Member of the Executive Council may not act in terms of paragraph (a) unless he or she has— |
| (i) | given written notice to the school and the parents of the learners of that school; |
| (ii) | by means of a notice in at least one newspaper circulating in the area where the school is situated, if any newspapers circulate in that area, and by means of any other acceptable form of communication that will ensure that the information is spread as widely as possible, given notice of his or her intention to close the school and invited comment; |
| (iii) | consulted with the parents of the learners of the school and afforded them an opportunity to make representations within a period of not less than 30 days from the date of the notice or communication referred to in subparagraphs (i) and (ii); and |
| (iv) | considered any representations and any comments received after publication of the notice or communication referred to in subparagraphs (i) and (ii). |
| (5) | After the consultation contemplated in subsections (2) and (4)(b), the Member of the Executive Council must decide whether or not to go ahead with the closure of the school and must— |
| (a) | inform the school and the governing body of his or her decision; and |
| (b) | by means of the methods listed in subsection (2)(b), notify the parents associated with the school, and the community in which the school is situated, of the decision. |
| (6) | If the decision is to go ahead with the closure, the Member of the Executive Council must, where applicable and before the closure takes place, make alternative arrangements for the learners of the school to attend another school that is able to accommodate those learners and, where appropriate, make arrangements for the transport of qualifying learners to that school. |
| (7) | If a public school is closed in terms of this section, all assets and liabilities of such school must, subject to the conditions of any donation, bequest or trust contemplated in section 37(4), devolve on the State unless otherwise agreed between the Member of the Executive Council and the governing body of the school. |
| (8) | The Member of the Executive Council, in determining whether to act under subsection (1) or (4), must take into account— |
| (a) | the needs, in general, of the broader community in the education district in which the public school is situated; and |
| (b) | factors including, but not limited to— |
| (i) | the best interests of the child, with emphasis on equality as provided for in section 9 of the Constitution, and equity; |
| (ii) | whether there are other schools in the community that are accessible to learners; and |
| (iii) | the efficient and effective use of state resources. |
[Section 33 substituted by section 25 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]
