South African Schools Act, 1996 (Act No. 84 of 1996)RegulationsRegulations Relating to Minimum Uniform Norms and Standards for Public School Infrastructure, 20234. Implementation of Regulations |
| (1) | The norms and standards in these Regulations must be applied to all new and existing schools, additions, alterations and improvements. |
| (2) | The following must be considered for the purposes of planning and implementation of these Regulations at the schools contemplated in subregulation (1): |
| (a) | All schools that do not have access to any form of power supply, water supply or sanitation must comply with the norms and standards prescribed in regulations 10, 11 and 12; |
| (b) | all buildings built entirely or substantially from materials such as mud, asbestos, metal and wood must be replaced with structures which accord with these Regulations, the National Building Regulations, SANS 10400 and the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); |
| (c) | all schools that do not have sufficient classrooms to accommodate learners enrolled in the schools; |
| (d) | all schools that do not have adequate perimeter fencing to comply with the norms and standards prescribed in regulation 17; |
| (e) | all schools that do not have the relevant minimum education areas as per Annexure A, for an enabling school environment. |
| (3) | The norms and standards in these Regulations must, with regard to the schools contemplated in subregulation (2)(a), be complied with within a period of 18 months from the date of publication of these Regulations. |
| (4) | With regard to the buildings contemplated in subregulation (2)(b), the norms and standards in these Regulations must within 12 months from the publication of these Regulations, be included in the infrastructure plans contemplated in subregulation (10) and progress on the implementation must be reported annually as contemplated in subregulation (12). |
| (5) | With regard to the schools contemplated in subregulation (2)(c), the implementation of the norms and standards in these Regulations must be addressed and reviewed annually taking into account changes in school population caused by, amongst other things, enrolments, migration, admissions and effects of natural and manmade disasters. |
| (6) | With regard to the schools contemplated in subregulation (2)(d) the norms and standards in these Regulations must be complied with within 12 months from the date of publication of these Regulations. |
| (7) | With regard to the schools contemplated in subregulation (2)(e) the norms and standards in these Regulations must within 12 months from the publication of these Regulations, be included in the infrastructure plans contemplated in subregulation (10) and progress on the implementation must be reported annually as contemplated in subregulation (12). |
| (8) | Provincial departments must, when implementing these Regulations, explore every avenue to give effect to the norms and standards contained in these Regulations and must consider appropriate alternatives when necessary. |
| (9) | Provincial departments must facilitate and co-ordinate the responsibilities of the government agencies and entities who provide infrastructure and related services. |
| (10) | Each provincial department must, 90 days after the beginning of each financial year, submit a detailed infrastructure plan on the implementation of the infrastructure programme which must be published on the DBE and PED websites for access by the public. |
| (11) | The infrastructure plan contemplated in subregulation (10) must contain information on— |
| (a) | the need for school infrastructure as per the minimum uniform norms and standards; |
| (b) | the current status of school infrastructure; |
| (c) | the prioritisation of backlog in school infrastructure; |
| (d) | the scope of planned projects in the MTEF; |
| (e) | the budget allocation of planned projects in the MTEF; |
| (f) | the source of funding for planned projects in the MTEF; |
| (g) | the status of each project. |
| (12) | Each provincial department must, 60 days after the end of each financial year, submit an End of Year Evaluation Report on progress in the implementation of the infrastructure programme which must be published on the DBE and PED websites for access by the public. |
| (13) | The End of Year Evaluation Report contemplated in subregulation (12) must contain information on— |
| (a) | the overall performance with regard to the achievement of practical completion targets; |
| (b) | the overall performance with regard to the utilisation of budgets; |
| (c) | the overall performance according to the nature of investment and commitments; |
| (d) | original budget allocation, revised budget allocation and expenditure to date per project; |
| (e) | the status of each project; |
| (f) | the projects planned for the new financial year. |
| (14) | The measures taken to comply with the norms and standards contained in these Regulations must be funded through the relevant budgetary sources and processes for new facilities and the upgrading of existing facilities at schools. |