| (1) | The governing body may, on reasonable grounds and as a precautionary measure, suspend a learner who is accused of serious misconduct from attending school, but may only enforce such suspension in the following manner: |
| (a) | Where a learner is accused of committing the following acts of serious misconduct— |
| (i) | physical assault of a learner, employee, or other person related to the school, with the intention to cause grievous bodily harm, or the imminent threat to commit such an act, while on school premises or during any school activity, or in any circumstance that could reasonably be connected to the school; |
| (ii) | any form of harassment, including sexual harassment of a learner, employee or other person related to the school, including via electronic and social media; |
| (iii) | repeated offences related to bullying, or the imminent threat to commit such an act; |
| (v) | the repeated disruption of the school programme, or the imminent threat to commit such an act; |
| (vi) | serious transgressions relating to any test, examination or examination paper; |
| (viii) | theft or any other dishonest act to the prejudice of another person; |
| (ix) | the possession of a dangerous object while on school premises, or during any school activity, or in any circumstance that could reasonably be connected to the school; |
| (x) | the possession or distribution of pornographic material; |
| (xi) | engaging in sexual activity on school premises or committing an act of sexual assault, or the imminent threat to commit such an act; and |
| (xii) | any other serious act contemplated in Schedule 1 to the Criminal Procedure Act that prejudices the constitutional rights of learners, employees, or other persons related to the school, |
such learner may be suspended only after the learner has been granted a reasonable opportunity to make representations in relation to the accusation of such serious misconduct; or
| (b) | where a learner is accused of committing the following acts of serious misconduct— |
| (i) | murder and attempted murder; |
| (iii) | any sexual offence including rape; |
| (vi) | assault with intent to do grievous bodily harm; |
| (vii) | breaking or entering any premises with an intent to harm a person; |
| (viii) | any offence under any law relating to the illicit possession of any dependence-producing drugs; or |
| (ix) | the conveyance or supply of dependence-producing drugs at school and to learners, |
which occurs on a school premises or at a school activity, and the learner has been formally charged by the South African Police Service, the governing body must suspend such learner immediately without granting the learner an opportunity to make representations in relation to the accusation of such serious misconduct.
[Section 9(1) substituted by section 9 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]
| (1A) | A governing body must conduct disciplinary proceedings in the manner contemplated in section 8 against a learner within seven school days after the suspension of such learner. |
| (1B) | If disciplinary proceedings are not conducted within seven school days after the suspension of a learner, the governing body must obtain the approval of the Head of Department for the continuation of the suspension of such learner. |
| (1C) | A governing body may, if a learner is found guilty of serious misconduct during the disciplinary proceedings contemplated in section 8— |
| (a) | impose the suspension of such learner for a period not longer than seven school days or any other sanction contemplated in the code of conduct of the public school; or |
| (b) | make a recommendation to the Head of Department to expel such learner from the public school. |
| (1D) | A Head of Department must consider the recommendation by the governing body referred to in subsection (1C)(b) and must decide whether or not to expel a learner within 14 days of receiving such recommendation. |
| (1E) | A governing body may suspend or extend the suspension of a learner for a period not longer than 14 days pending the decision by the Head of Department whether or not to expel such learner from the public school. |
| (2) | A learner at a public school may be expelled only— |
| (a) | by the Head of Department; and |
| (b) | if found guilty of serious misconduct after disciplinary proceedings contemplated in section 8 were conducted. |
| (a) | the behaviour by a learner at a public school which may constitute serious misconduct; |
| (b) | disciplinary proceedings to be followed in such cases; |
| (c) | provisions of due process safeguarding the interests of the learner and any other party involved in disciplinary proceedings. |
| (4) | A learner or the parent of a learner who has been expelled from a public school may appeal against the decision of the Head of Department to the Member of the Executive Council within 14 days of receiving the notice of expulsion. |
| (5) | If a learner who is subject to compulsory attendance in terms of section 3(1) is expelled from a public school, the Head of Department must make an alternative arrangement for his or her placement at a public school. |
| (6) | A learner who has appealed in the manner contemplated in subsection (4), must, pending the outcome of the appeal, be given access to education in the manner determined by the Head of Department. |
| (7) | The Head of Department, in determining the manner of attendance contemplated in subsection (6)— |
| (a) | must take reasonable measures to protect the rights of other learners at the public school; and |
| (b) | may consider an alternative method of providing education to the learner contemplated in subsection (6). |
| (8) | If the Head of Department decides not to expel a learner as contemplated in subsection (2), the Head of Department may, after consultation with the governing body, impose a suitable sanction on the learner. |
| (9) | If the Head of Department decides not to impose a sanction on the learner, the Head of Department must refer the matter back to the governing body for an alternative sanction in terms of the code of conduct contemplated in section 8, other than expulsion. |
| (10) | The governing body must implement the sanction contemplated in subsection (8). |
(11)
| (a) | If an appeal in terms of subsection (4) by a learner who has been expelled from a public school is upheld by the Member of the Executive Council, the Member of the Executive Council must ensure that a suitable sanction is then imposed on the learner within 14 days of the date on which the appeal was upheld. |
| (b) | For the purposes of the imposition of a suitable sanction contemplated in paragraph (a), the provisions of subsections (8) and (9) apply with the changes required by the context. |
