Education Laws Amendment Act
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- Act 48 of 1999
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About this statute
This text says the President assented to the Act and it is published for general information. This section amends several definitions in the Act, including terms like certificate, Director-General, education department, examining body, external examination, Minister, point of withdrawal, and raw marks. This section replaces section 9 of the South African Certification Council Act, 1986. An examining body must follow several steps for an external examination, including safeguarding integrity, moderating papers, reporting irregularities, publishing results only after council approval, and providing marks and other information to the council. The Director-General and the council have specific duties and powers about external examination, including monitoring, moderation, approving results, issuing certificates, and some investigation and registration powers.
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Provisions of Education Laws Amendment Act
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November [999
AI-assisted research summary: This text says the President assented to the Act and it is published for general information.
19 November [999 1[ is hereby notified that the President h~s assented to the following Act w h i c h i> hereby p u b l i s h e d for generol in form:ltion- No, 48 of 1999: Educ:~tion LJ\v\ ,4mendment Act, 1999, ? NO. 20650” .4ct No. 48, 1999 GO\ ’ERNh4EXTGkZETTE. l~NO\”Eh[UER IQY9 EDL~CATIOX LAWJS A.MEND%IENT .4 CT. 1999 GENERAL EXPLANATORY NOTE: [ 1 Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactmenL~. {Englisl~ text signed b> r)ze President.) (Asxented 1018 No~ember 1999.) ACT To amend the South African Certification Council Act, 1986, so as to substitute certain definitions, to delete others and to insert new definitions; to provide anew for the functions of an examining body, the Director-General and the council, with regard to examinations; to allow the council to prescribe fees for the issue or endorsement of a certificate; and to remove obsolete references from the long title; to amend the National Education Policy Act, 1996, so as to make certain technical adjustments; to amend the South African Schools Act, 1996, so as to substitute certain definitions; to provide for the merger of two or more public schools and to regulate the consequences of such merger; to make provision for the temporary closure of a public school in the case of an emergency; to provide for an additional function of a governing body; to make further provision regarding co-opted members of governing bodies; to make certain technical adjustments; and to make further provision regarding claims for damages; to amend the Employment of Educators Act, 1998, so as to make provision for a timeframe within which a governing body or council must make its recommendations when an educator is appointed; and to dispense with the necessity for a recommendation by a governing body or council in the case of temporary transfers; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 1 of Act 85 of 1986, as amended by section 1 of Act 89 of 1992 - 1 Verify source ↗
Section 1 of the South African Certification Council Act, 1986. is hereby
AI-assisted research summary: This section amends several definitions in the Act, including terms like certificate, Director-General, education department, examining body, external examination, Minister, point of withdrawal, and raw marks.
1. Section 1 of the South African Certification Council Act, 1986. is hereby amended— (a) by the substitution for the definition of “certificate” of the following definition: ‘L cce~ificate. means a certificate contemplated in section [9(1)] m;.’: (b) by the substitution for the definition of “Director-General.’ of the following definition: ‘. ‘Director-General’ means the Director-General of [National Educa- tion] the government department responsible for education at national level:.’: 5 10 (~) b~ the substitution for the definition Of ‘education department’ of the foilowin& definition: ‘b ‘education department’ means a department [of State] responsible for [general or own] education [matters including a provincial education department] at national level or a de partment responsible for education in a province;””: ((1) bv the substitution for the definition of “examining body.. of the following d~finition: .’ ‘examining bed}. means an education department or any other body re~istered with the council as a body responsible for conducting external examinations [at a point of withdrawal];.>; (~)) by the insertion after the definition of .’ executi\’e officer” of the fo]]owing definition: ‘. ‘external examination’ means an examination at a point of withdrawal taken by the candidates of an examining body;”; 5 10 15 (f) b} the deletion of the definition of “formal education.’; ix) b; the substitution for the definition of “Minister’. of the following definition: “ ‘Minister. means the Minister of [National] Education;.’: (/7) by the deletion of the definition of “non-formal education”; (;) by the substitution for the definition of “point of withdrawal.’ of the following 20 definition: “ ‘point of withdrawal’ means a stage in [school or technical college education] general or [non-formal education] further education and - at which a candidate is required to sit for an examination with a view to obtaining documentary proof of proficiency;.’; (j) by the inse~ion after tbe definition of “prescribe.’ of the following definition: “ raw marks. means the actual marks obtained by a candidate in a subject in an external examination before any adjustment of the marks is made by the council.”: and (k) by the deletion of the definition of “school or technical college education”. 25 30 Substitution of section 9 of Act 8j of 1986, as amended by section 2 of Act 89 of 1992 - 2 Verify source ↗
The following sections are hereby substituted for section 9 of the South African
AI-assisted research summary: This section replaces section 9 of the South African Certification Council Act, 1986.
2. The following sections are hereby substituted for section 9 of the South African Certification Council Act, 1986: “Functions of examining body with regard to external examination - 9 Verify source ↗
In respect of an external examination to be conducted. an examinin~ 35
AI-assisted research summary: An examining body must follow several steps for an external examination, including safeguarding integrity, moderating papers, reporting irregularities, publishing results only after council approval, and providing marks and other information to the council.
9. In respect of an external examination to be conducted. an examinin~ 35 body, subject to policy determined in terms of section 3(4) of the National Education Policy Act, 1996 (Act No. 27 of 1996)— (a) shall take adequate measures. including measures to combat irregu- larities in the examination venue and security measures for ensuring the confidentiality of examination papers. to ensure the integrit>’ of the 40 examinations: shall ensure that each paper is representative of the prescribed subject matter; shall ensure that each paper is moderated by at least one competent internal moderator: shall submit a paper and memorandum to an external moderator for confirmation that they conform to the required standards: shall ensure that a sample of the examination scripts is moderated by an external moderator: shall schedule a particular paper for a stipulated date and time on the examination time-table; shall suppl!’ the council on or before a date and in the form determined by the council. with a mark for each subject in which a candidate sat for examination: 45 50 (17) (c) (d) (e) (f) (g) (1~~ shall \vithouL delay and in wrilillg s u p p l y t h e c o u n c i l a n d t he Directol--General with full details of any irre~uiarities that occurred in respect of such examination as well as the steps taken with regard to such irregularities: (;) shall publish the results of the examination after obtaining the 5 appro(al of the council; and (./) maY recommend to the council during the standardisation process that r~w marks be ad~usted. Functions of Director-General with regard to external examination - 9A Verify source ↗
With regard to external examination the Director-General—
AI-assisted research summary: The Director-General and the council have specific duties and powers about external examination, including monitoring, moderation, approving results, issuing certificates, and some investigation and registration powers.
9A. With regard to external examination the Director-General— (a) shall prolmote the integrity of the examination system; (b) shall monitor the conduct of the council and the examinin& body in upholdin& the minimum norms and standards set by the South African Qualifications Authority. established by section 3 of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), or determined by policy; and (c) may institute an investigation into any irregularities which may occur. Functions of council with regard to external examination (b) (c) (d) 9B. ( 1 ) Sublect to policy determined in terms of section 3(4) of the National Education Policy Act. 1996 (Act No. 27 of 1996), the council, with regard to external examination— (a) (iii) shall perform the external moderation of examination papers, memo- randa and samples of examination scripts of all examining bodies; shall. in consultation with the Director-General and the examining body, approve the publication of the results of candidates if the council is satisfied that the examining body— (j) (ii) conducted the examination free from any irregulmity: complied with the requirements prescribed by the council for conducting examinations; applied the norms and standards prescribed by the council and the South African Qualifications Authority, established by section 3 of the South African Qualifications Authority Act. 1995 (Act No. 58 of 1995). and with which a candidate is required to comply in those examinations in order to obtain a certificate; and (iv) complied u’ith every other condition determined by the council; shall iss~e certificates in the form prescribed by the council to candidates who. in one or more subjects at a point of withdrawal- (i) hatre met the requirements set by the council for a certificate; and (ii) have complied with every other condition determined by the council: and may adjust raw marks during the standardisation process in consulta- tion with the Director-General. (~) subject to the appr~i a] of the h4inister. the council n~a~ register an examining body other than a department of education in accordance with criteria determined by the council. (3j Subject to section 74 of the Higher Educ:ltion Act. 1997 (Act No. 101 of 1997). the council may with the approval of a body authorised to determine the requirements for admission to study at a higher education institution. endorse a certificate of a candidate who has complied with the minimum requirements for admission to study at a higher education institution accordin~lv. 10 15 20 25 30 35 40 %5 jO > \{) 2\l!15(l icl X(). 4s. 11)9{) G()\’k:R\\l~Sl” (i +ZI’TT1: !“ \()\’Fh]131N IL)’)(J ED L’CPiTIC)S 1,.f,LVS A\ II: NDN4F:NT ACT. i ~l!t~l Fees payable to council - 9C Verify source ↗
The council n~a~ prescribe the fees payable to the council in respect
AI-assisted research summary: The council may set the fees payable to it for issuing or endorsing certain certificates, including duplicate certificates.
9C. The council n~a~ prescribe the fees payable to the council in respect of— (a) the issue of a certificate as contemplated in section 9B( 1 )(c) or of u duplicate certificate; and (bj the endorsement of a certificate as contemplated in section 9B(3) or of a duplicate certificate,’.. Substitution of long title of Act 8j of 1986 - 3 Verify source ↗
The South African Certification Council Act. 1986, is hereby amended by the
AI-assisted research summary: This provision amends the Act’s long title to describe its purpose and scope.
3. The South African Certification Council Act. 1986, is hereby amended by the substitution for the long title of the following long tit~e: “TO provide for control over the norms and standards of subject matter and examination, and for the issuing of certificates, at the different points of withdrawal in [school] ,~eneral and [technical college education] further education and training [and non-formal education]: and for that purpose to establish the South = Certification Council; and to provide for the conducting of [common] examinations; and to provide for matters connected therewith.”. Amendment of section 3 of Act 27 of 1996, as amended by section 11 of Act 100 of 1997 - 4 Verify source ↗
Section 3 of the National Education Policy Act. 1996. is hereby amended by the
AI-assisted research summary: This provision amends section 3 of the National Education Policy Act, 1996.
4. Section 3 of the National Education Policy Act. 1996. is hereby amended by the substitution for subsection (3) of the following subsection: “(3) [Whenever the Minister wishes a particular] Subject to the Constitution. national policy [to prevail] shall prevail over the whole or a part of any provincial [law] * on education [the Minister shall inform the provincial political heads of education accordingly, and make a specific declaration in the policy instrument to that effect] if there is a conflict between the national and provincial -’” Amendment of section 5 of Act 27 of 1996 ,. - 5 Verify source ↗
Section 5 of the National Education Policy Act, 1996, is hereby amended by the
AI-assisted research summary: The Minister may recognise certain national organisations for this purpose.
5. Section 5 of the National Education Policy Act, 1996, is hereby amended by the substitution in subsection (l) for para~raDhs (b). (c) and (d) of the following paragraphs: c’(b) such national organisatio~s ‘rep{esentin.~ [college rectors] p~incipals of institutions providing further ed~cation an-d trainin~ as defined in section 1 of the Further Education and Training Act, 1998 (Act No. 98 of 1998). as the Minister may recognise for this purpose; the [organised teaching profession] trade unions represented in the Educalion Labour Relations Council referred to in section 37(3)(b) of the Labour Reiations Act. 1995 (Act No 66 of 1995), read with para~raph 3(2) of Schedule 1 to that Act: such national organisations representing [parents] coverning bodies of schools as the Nfinister may recognise for this purpose:.’. 5 10 15 20 25 30 35 .4mendment of section 1 of Act 84 of 1996, as amended by section 1 of Act 100 of 1997 40
Part
Schedule 1 to that Act:
- 6 Verify source ↗
Section 1 of the South African Schools Act. 1996. is hereby amended-
AI-assisted research summary: This section amends the definitions of “educator” and “school” in the South African Schools Act, 1996.
6. Section 1 of the South African Schools Act. 1996. is hereby amended- (o) by the substitution for the definition of ‘educator. of the following definition: “ ‘educator. means [an educator as defined in the Educators Employment Act, 1994 (Proclamation No. 138 of 1994)] any person. excluding a person who is ap pointed to exclusively perform extra- curricular duties. who teaches. educates or trains other persons or who provides including professional therapy and education psychological sert’ices. at a .!cIIoo1;’.: and professional educational services. (b) by the substitution for the definition of “school.’ of the following definition: “ ‘school’ means a p~~bl;c scitool or an independent ,SC)IOOI which enrols leo~”~lers in one or more g~-adts from g/”ud[J [zero] R (Reception) to ,qlodc’ twelve:.’. 45 50 !(, :\(J. 20(,5(1 (,[)\” EK>31EITG\ZETl”F: )<] X()\ ’E\l131:R lQ<~~ ,ict\(). 48. 19Yfl Ll~\’CiTIC)~ [.\\i’s, AJjESiJ\iEKT.4C7”. lQ’~(~ Amendment of section Y of Act 84 of 1996 - 7 Verify source ↗
Section 9 of the South African Schools Act. 1996, is hereby amended b} the
AI-assisted research summary: This section amends Section 9 of the South African Schools Act, 1996 by replacing a paragraph in subsection (1), and it mentions inserting section 12A.
7. Section 9 of the South African Schools Act. 1996, is hereby amended b} the substitution in subsection ( 1 ) for paragraph (bj of the following paragraph: ‘(/7) in consultation with the Head of Depurr/~lerzt. pending a decision as to tvhether the leur]ler is to be expelled from the school by the Head of Departt?lenr.’.. 5 Insertion of section 12A in Act 84 of IY96 - 8 Verify source ↗
The South African Schools Act. 1996. is hereby amended by the insertion after
AI-assisted research summary: The Member of the Executive Council may merge public schools, but must follow notice, consultation, and labour-law checks before doing so.
8. The South African Schools Act. 1996. is hereby amended by the insertion after section 12 of the followin& section: “Merger of public schools 12.4. (1) Sublect to subsection (2). the Menlber qfrhe Executi\’e Counc;l 10 may, by notice in the Pro~i/rcial Gazette, merge two or more public SCIIOOIS into a single SCI1OO1. (2) Before merging two or more pub[ic SC11OO1S the Mentber of the Elecutile CouJlci[ must— (a) (c) (b) give written notice to the Jchools in question of the intention to mer&e them; publish a notice giving the reasons for the proposed merger in one or more newspapers circulating in the area where the SC17001S in question are situated; &ive the go~erizi~zg bodies of the schools in question and any other interested persons an opportunist! to make representations within a period of not less than 90 days from the date of the notice referred to in paragraph (b): consider such representations: and be satisfied that the employers of staff at the public schools have complied with their obligations in tern~s of the applicable labour law (3) If one or more of the-schools that are to be merged in terms of subsection ( 1 ) are public sc1700is on private property, the Mentber of rite E.xecuti\e Coul~ci{ must also— (u) notify the owner of the private property of his or her intention to merge (d) (e) the SCITOOIS in question; (b) consider his or her contractual obligations in terms of the agreement contemplated in section 14; (c) renegotiate his or her obligations in terms of the existing agreement if necessary: and (d) negotiate a new agreement in terms of section 14 if the single school contemplated in subsection ( 1 ) is to be situated on private property. (4) The single SC11OOI contemplated in subsection (1) must be regarded as a public school. (5) All assets. liabilities. rights and obligations of the schools that are merged, must, subject to the conditions of any donation. bequest or (rust contemplated in section 37(4). vest in the single school. (6) (a) The go~e~-~zing bodies of the schoo/s that are merged Inust have a n~eetin& before the merger to constitute a single interim go~er17i?7g bodj comprisi~]g of all the rnernbers of the go]er~~i~?g bodies concerned. (b) The interim go\erni]7g body must decide on the budget and differences in codes of conduct and school fees. as well as any issue that is relevant to the mer&er or which is prescribed, until a new go~er~~i~~g bod~ is constituted in terms of sections 23 and 28. 15 20 25 30 35 40 45 (7) The go~er)ting bodj of a public school to be merged. may appeal to 50 the Mirlister against the decision as contemplated in subsection ( 1).’.. Amendment of section 16 of Act 84 of 1996 - 9 Verify source ↗
Section 16 of the South African Schools .4ct, 1996, is hereby alnended bY
AI-assisted research summary: The Head of Department may temporarily close a public school in an emergency, and must notify the governing body, principal, educators, and parents about reopening.
9. Section 16 of the South African Schools .4ct, 1996, is hereby alnended bY the addition of the following subsections: — .’(4) Tile Heud ofDeparr/~re~(r ma! close a pl//~li( s[/]~~o/ temporary]\ in Ihe case of an emergency if he or she belie\es on reasonable :rounds that the Ii\/es of [rur77ers and staff areendangered or that there isareal danser of bodily injuryto them or of damage to propelly. (5) When the Head of Departt?~e/?t decides that the sclrooi should be reopened. he or she must inform the gol)er]]i)~g [~ody and the prirtci]~al of the date on which the ,SCI1OO1 must reopen. (6) The pri;lcipal or a person designated by the Head of Deparr}~7e/lt must inform the educators and pare~zts of the date contemplated in subsection [5).’.. .4mendment of section 21 of Act 84 of 1996 - 10 Verify source ↗
Section 21 of the South African Schools Act, 1996, is hereby amended—
AI-assisted research summary: This provision amends Section 21 of the South African Schools Act, 1996 by deleting one word and inserting a new paragraph about providing an adult basic education and training class or centre, subject to applicable law.
10. Section 21 of the South African Schools Act, 1996, is hereby amended— (a) by the deletion in subsection (1) of the word “or” at the end of paragraph (d): and (l)) by the insertion in subsection (1) after para&raph (d) of the following paragraph: .’(dA) to pro~’ide an adult basic education and trainin,r class or centre sub~ect to any applicable law; or... Amendment of section 23 of Act 84 of 1996 - 11 Verify source ↗
Section 23 of the South African Schools Act, 1996, is hereby amended—
AI-assisted research summary: This amendment changes school governing body rules about co-opted members, parents with voting rights, and when a by-election must be held.
11. Section 23 of the South African Schools Act, 1996, is hereby amended— (a) by the substitution for subsection (8) of the following subsection: “(8) [Co-opted] Subiect to subsection (10), co-opted menlbers do not ha~’e voting rights on the gover~tiltg bed>..’: and (b) by the addition of the following subsections: 5 10 15 20 “( 10) If the number of pare]?ts at any stage is not more than the combined total of other members with ~’oting rights, the ~over}?;~?x body I 25 must temporarily co-opt pare~zrs with \’oting rights. ., (1 I ) If a parelzr is co-opted with \oting rights as contemplated in subsection (10), the co-option ceases when the \acancy has been filled through a by-election which must be held according to a procedure determined in terms of section 28(d) within 90 dayi after the ~’acancy has occurred. (12) If a person elected as a member of a go]er~~i~~g body as contemplated in subsection (2) ceases to fall vithin the category referred to in that subsection in respect of which he or she was elected as a member. he or she ceases to be a member of the go]’~rlzi~tg body..’. Amendment of section 29 of Act 84 of 1996 - 12 Verify source ↗
Section ~g of the South African Schools Act. 1996. is hereby amended by the
AI-assisted research summary: For a public school for learners with special education needs, a governing body member elected from certain listed categories may act as chairperson.
12. Section ~g of the South African Schools Act. 1996. is hereby amended by the addition of the following subsection: .’(3) In the case of a plib)ic SC17001 for learners with special education needs any member of the ~o~er]~i~z,~ body elected from the categories of persons referred to in section 24( 1)(a). fe). (f). (g). (17) and (i) may serve as the chai~erson Of that gol’er~~i]rq l~od~.’., Amendment of section 55 of Act 84 of 1996, as amended by section 9 of Act 100 of 1997 30 35 40 - 13 Verify source ↗
Section 55 of the South African Schools Act. 1996. is hereby amended by the
AI-assisted research summary: The officer in charge of the deeds office for a school’s immovable property must endorse the title deed and make the needed register entry when the title deed is submitted.
13. Section 55 of the South African Schools Act. 1996. is hereby amended by the 45 substitution for subsection (1 1 ) of the following subsection: “(11 ) The [Regis&ar of deeds in the office] officer in charge of the deeds ofice or other ofice where the immovable property of a school is registered, must. on submission of the title deed in question, make such endorsement on the title deed and such entry in the register as may be required to register the transfer of the immovable property . . . . 50 Amendment of section 60 of Act 84 of 1996 - 14 Verify source ↗
Section 60 of the South African Schools Act. 1996. is hereby amended by the
AI-assisted research summary: Claims for damage or loss must be brought against the relevant Executive Council member, not the State in the stated business-and-school context; and legal proceedings against a public school need prior written notice to the Head of Department.
14. Section 60 of the South African Schools Act. 1996. is hereby amended by the addition of the following subsections: C.(,S) Any claim for dama~e or loss contemplated in subsection (1) must be instituted against thehferrlbero~rhc Executi\’e Cou~zcii concerned. (4) Desp~te the provisions of subsection (1), the State is not liable for any damage orloss caused as aresult ofanyact orornission inconnection with any enterprise or business operated under theauthority ofapublic school forpu~oses of supplementing the resources of the school as contemplated in section 36, including the offering of practical educational activities relating to that ente~rise 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 Departtnent for his or her in forma~on. ”. Amendment of section 6 of .4ct 76 of 1998 - 15 Verify source ↗
Section 6 of the Employment of Educators Act, 1998, is hereby amended—
AI-assisted research summary: This amendment sets a two-month deadline for a recommendation under paragraph (a), and if that deadline is missed, the Head of Department may appoint someone without the recommendation.
15. Section 6 of the Employment of Educators Act, 1998, is hereby amended— (a} by the substitution in subsection (3)(a) for the word “Any” of the expression “Subject to paragraph (d). any”: and (b) by the addition to subsection (3) of the following paragraph: “(d) A recommendation contemplated in paragraph (a) shall be made within two months from the date on which a governing body or council was requested to make a recommendation, failing which the Head of Department ma>’ make an app ointment without such recommendation.”. 5 10 15 20 Amendment of section 8 of Act 76 of 1998 - 16 Verify source ↗
Section 8 of the Employment of Educators Act, 1998, is hereby amended—
AI-assisted research summary: This section amends the educator transfer rules: a requested recommendation must be made within two months, and the Head of Department may transfer an educator temporarily without that recommendation.
16. Section 8 of the Employment of Educators Act, 1998, is hereby amended— (a) by the substitution in subsection (2) for the word “No” of the expression 25 “Subject to subsections (4) and (5), no”; and (b) by the addition of the following subsections: “(4) A recommendation contemplated in subsection (2) shall be made within two months from the date on which a governing body or council was requested to make a recommendation, failing which the Head of Depmment may make a transfer without such recommendation. (5) The Head of Department may, without a recommendation contemplated in subsection (2), transfer an educator temporarily for a stated period from a post at a public school or public further education and training institution, to a post at another public school or public further education and trainin& institution. (6) An educator referred to in subsection (5) shall return to his or her previous post at the end of the period contemplated in that subsection.”. Short title - 17 Verify source ↗
This Act is the Education Laws Amendment Act, 1999.
AI-assisted research summary: This section states the Act’s title: the Education Laws Amendment Act, 1999.
17. This Act is the Education Laws Amendment Act, 1999. 30 35 40
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