South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 7 : General Provisions60. Liability of State |
| 1) |
| a) | Subject to paragraph (b), the State is liable for any delictual or contractual damage or loss caused as a result of any act or omission in connection with any school activity conducted by a public school and for which such public school would have been liable but for the provisions of this section. |
| b) | Where a public school has taken out insurance and the school activity is an eventuality covered by the insurance policy, the liability of the State is limited to the extent that the damage or loss has not been compensated in terms of the policy. |
| 2) | The provisions of the State Liability Act, 1957 (Act No. 20 of 1957), apply to any claim under subsection (1). |
| 3) | Any claim for damage or loss contemplated in subsection (1) must be instituted against the Member of the Executive Council concerned. |
| 4) | Despite the provisions of subsection (1), the State is not liable for any damage or loss caused as a result of any act or omission in connection with any enterprise or business operated under the authority of a public school for purposes of supplementing the resources of the school as contemplated in section 36, including the offering of practical educational activities relating to that enterprise or business. |
| 5) | Any legal proceedings against a public school for any damage or loss contemplated in subsection (4), or in respect of any act or omission relating to its contractual responsibility as employer as contemplated in section 20(10), may only be instituted after written notice of the intention to institute proceedings against the school has been given to the Head of Department for his or her information. |