South African Schools Act, 1996 (Act No. 84 of 1996)RegulationsRegulations for Safety Measures at Public Schools5. Access to public schools premises |
| (1) | Subject to the Constitution, laws and national and provincial policies, the HOD or principal of any public school may for such timeframes as may be necessary— |
| (a) | take such steps as he or she may consider necessary for the safeguarding of the public school premises, as well as for the protection of the people therein; and |
| (b) | direct that the school may only be entered in accordance with the provisions of sub-regulation (2). |
| (2) | No person shall without the permission of the principal or HOD enter into any public school premises in respect of which a direction has been issued under subregulation (1)(a), and for the purpose of the granting of that permission the principal or HOD may require of the person concerned to— |
| (a) | furnish his or her name, address and any other relevant information required by the principal or HOD; |
| (b) | produce proof of his or her identity to the satisfaction of the principal or HOD if necessary; |
| (c) | declare whether he or she has any dangerous object or illegal drugs in his or her possession or custody or under his or her control; |
| (d) | declare what the contents are of any vehicle, suitcase, attaché case, bag, handbag, folder, envelope, parcel or container of any nature which he or she has in his or her possession or custody or under his or her control, and show those contents to him or her; |
| (e) | subject himself or herself and anything which he or she has in his or her possession or custody or under his or her control to a search by a person of the same gender, an examination by an electronic device, sniffer dogs or other apparatus in order to determine the presence of any dangerous object or illegal drug; and |
| (f) | hand to the principal or HOD anything which he or she has in his or her possession or custody or under his or her control for examination or custody until he or she leaves the premises. |
| (3) | Without derogation of the provisions of the Trespass Act, 1959 (Act no. 6 of 1959), the principal or HOD may at any time remove any person from any public school premises if— |
| (a) | that person enters the public school premises concerned without the permission contemplated in subregulation (2); |
| (b) | that person refuses or fails to observe any steps contemplated in sub-regulation (1)(a); and |
| (c) | the Principal or HOD considers it necessary for the safeguarding of the public school premises concerned or for the protection of the people thereon. |
| (4) | If it is not practicable to examine or keep in custody, on or in the public school premises concerned, anything which may be examined, or kept in custody under subregulation (2), it may be removed to a suitable place for that purpose. |