South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 4 : Funding of Public Schools36. Responsibility of governing body |
| (1) | A governing body of a public school must take all reasonable measures within its means to supplement the resources supplied by the State in order to improve the quality of education provided by the school to all learners at the school. |
| (2) | Despite subsection (1), a governing body may not, without the written approval of the Head of Department, enter into any loan, lease or overdraft agreement for any purpose. |
[Section 36(2) substituted by section 26(a) 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]
| (3) | If a person lends money or grants an overdraft to a public school without the written approval of the Member of the Executive Council, the State and the public school will not be bound by the contract of lending money or an overdraft agreement. |
(4)
| (a) | A governing body may, with the approval of the Member of the Executive Council— |
| (i) | burden, convert or alter immovable property of the school to provide for school activities or to supplement the school fund, or lease such property for such purpose: Provided that such approval is not required for a lease of a period not exceeding 12 months; and |
[Section 36(4)(a)(i) substituted by section 26(b) 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]
| (ii) | allow any person to conduct any business on school property to supplement the school fund. |
| (b) | A governing body may not allow any activity on school property that is hazardous or disruptive to learners or prohibited by this Act. |
| (5) | For the purposes of subsection (4), 'school property' means immovable property owned by the State, including property contemplated in sections 13 and 55 and any immovable property bought by a school from the school funds or donations to the school. |