South African Schools Act No. 84 of 1996Regulations relating to Safety Measures at Independent Schools5. Access to independent school premises |
| (1) | Subject to the Constitution, laws of the country and national and provincial policies, the owner or principal of an independent school may, for such periods as may be necessary— |
| (a) | take such steps as he or she may consider necessary for the safeguarding of the independent school premises, as well as for the protection of the people therein; and |
| (b) | direct that the school may be entered only in accordance with the provisions of sub-regulation (2). |
| (2) | No person may, without the permission of the owner or principal, enter any independent 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 owner or principal may require of the person concerned to— |
| (a) | furnish his or her name, address and any other relevant information required by the owner or principal; |
| (b) | produce proof of his or her identity to the satisfaction of the owner or principal, 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 that he or she has in his or her possession or custody or under his or her control, and to show those contents to the owner or principal; |
| (e) | subject himself or herself, and anything that 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 or 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 owner or principal, for examination or for custody until he or she leaves the premises, anything that he or she has in his or her possession or custody or under his or her control. |
| (3) | Without derogation of the provisions of the Trespass Act, 1959 (Act No. 6 of 1959), the owner or principal may at any time remove any person from any independent school premises if— |
| (a) | that person enters the independent 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 owner or principal considers it necessary for the safeguarding of the independent school premises concerned or for the protection of the people therein. |
| (4) | If it is not practicable to examine or keep in custody, on or in the independent school premises concerned, anything that may be examined or kept in custody under sub-regulation (2), such object may be removed to a suitable place for that purpose. |