South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 2 : Learners3. Compulsory attendance |
| 1) | Subject to this Act and any applicable provincial law, every parent must cause every learner for whom he or she is responsible to attend a school from the first school day of the year in which such learner reaches the age of seven years until the last school day of the year in which such learner reaches the age of fifteen years or the ninth grade, whichever occurs first. |
| 2) | The Minister must, by notice in the Government Gazette, determine the ages of compulsory attendance at school for learners with special education needs. |
| 3) | Every Member of the Executive Council must ensure that there are enough school places so that every child who lives in his or her province can attend school as required by subsections (1) and (2). |
| 4) | If a Member of the Executive Council cannot comply with subsection (3) because of a lack of capacity existing at the date of commencement of this Act, he or she must take steps to remedy any such lack of capacity as soon as possible and must make an annual report to the Minister on the progress achieved in doing so. |
| 5) | If a learner who is subject to compulsory attendance in terms of subsection (1) is not enrolled at or fails to attend a school, the Head of Department may – |
| a) | investigate the circumstances of the learner's absence from school; |
| b) | take appropriate measures to remedy the situation; and |
| c) | failing such a remedy, issue a written notice to the parent of the learner requiring compliance with subsection (1). |
| 6) | Subject to this Act and any other applicable law – |
| a) | any parent who, without just cause and after a written notice from the Head of Department, fails to comply with subsection (1), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months; or |
| b) | any other person who, without just cause, prevents a learner who is subject to compulsory attendance from attending a school, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months. |