| (2) | The Member of the Executive Council must, by notice in the Provincial Gazette, determine the grounds on which the registration of an independent school may be granted or withdrawn by the Head of Department. |
| (3) | A Head of Department must register an independent school if he or she is satisfied that— |
| (a) | the standards to be maintained by such school will not be inferior to the standards in comparable public schools; |
| (b) | the admission policy of the school does not discriminate on the grounds of race; and |
| (c) | the school complies with the grounds for registration contemplated in subsection (2). |
| (4) | Any person who contravenes subsection (1) is guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding 12 months, or to both a fine and such imprisonment. |
[Section 46(4) substituted by section 33 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]
