| (1) | If a dispute arises between the Head of Department and a governing body, the following procedure must be followed: |
| (a) | All attempts must be made by the parties to resolve the dispute informally. |
| (b) | If the parties are unable to resolve the dispute informally as referred to in paragraph (a), the following steps must be taken: |
| (i) | The aggrieved party must give the other party written notice of the dispute; and |
| (ii) | such notice must include a description of the issues involved in the dispute and a proposed resolution thereof. |
| (c) | If the dispute has not been resolved within 14 days after the issuing of the written notice contemplated in paragraph (b), each party must nominate a representative within seven days, and those representatives must meet within 14 days after their nomination in order to resolve the dispute. |
| (d) | If the parties cannot resolve the dispute as contemplated in paragraphs (a), (b) and (c), the governing body may appeal to the Member of the Executive Council against the decision that gave rise to the dispute. |
| (e) | If an appeal contemplated in paragraph (d) has been received, the Member of the Executive Council must, within 30 days after receiving such appeal, consider and decide on the matter and, in writing, inform the governing body of the outcome of the appeal. |
| (2) | If a dispute arises between the Member of the Executive Council and a governing body, the following procedure must be followed: |
| (a) | All attempts must be made by the parties to resolve the dispute informally. |
| (b) | If the parties are unable to resolve the dispute informally as referred to in paragraph (a), the following steps must be taken: |
| (i) | The aggrieved party must give the other party written notice of the dispute; and |
| (ii) | such notice must include a description of the issues involved in the dispute and a proposed resolution thereof. |
| (c) | If the dispute has not been resolved within 14 days after the issuing of the written notice contemplated in paragraph (b), each party must nominate a representative within seven days, and those representatives must meet within 14 days after their nomination in order to resolve the dispute. |
| (3) | This section does not apply to matters in respect of which this Act makes provision for an appeal process. |
[Section 59A inserted by section 37 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]
