Legislative Mandate

National Legislation

South African Schools Act 84 of 1996

To provide a uniform system for the organisation, governance and funding of schools. It promotes access, quality and democratic governance in the schooling system. It ensures that all learners have right of access to quality education without discrimination, and makes schooling compulsory for children aged seven (7) to fifteen (15) years or the ninth (9th ) grade or whichever occurs first. It provides for two types of schools – independent schools and public schools. The provision in the Act for democratic school governance through School Governing Bodies (SGB) is now in place in all public schools countrywide. The school funding norms, outlined in SASA, prioritise redress and target poverty with regard to the allocation of funds for the public schooling system.

The National Education Policy Act 27 of 1996

Provide for the determination of national policy for educators, including the determination of policy on salaries and conditions of employment of educators. It was designed to inscribe in law policies, as well as the legislative and monitoring responsibilities of the Minister of Education, and to formalise relations between national and provincial authorities. It laid the foundation for the establishment of the Council of Education Ministers (CEM), as well as the Heads of Education.

Employment of Educators Act, No 76 of 1998

Provide for the employment of educators by the State, for the regulation of the conditions of service, discipline, retirement and discharge of educators and for matters connected therewith.

Governance of Public Schools

The regulations for the election of the members of the Governing Bodies ensures participation of stakeholders at school level matters – for example determination of payment of school fees, admission policy for the school and the issues around finances, discipline and general management of the school.

Further Education Training Act 16 of 2006

The objective is to provide for the regulation of further education and training, the establishment, governance, employment of staff, promotion of quality, funding of public further education and training colleges and the registration of private further education and training colleges.

Adult Basic Education and Training Act 52 of 2000

To regulate adult basic education and training, establishment, governance and funding of public adult learning centres and ensure access to adult basic education and training and the workplace by persons who have been marginalised in the past, such as women, the disabled and the disadvantaged.

Provincial Legislation

Free State Schools Education Act 2 of 2000

This Act should be read with and subject to the South African Schools Act 84 of 1996. It addresses those issues which are peculiar to the Free State and are covered in the National Act, e.g. the establishment of the Free State Education and Training Council – which is a body comprised of diverse stakeholders which advises the MEC on education issues broadly, as well as the establishment of the Principals’ Council and the Provincial Examination Board. The Act further gives the MEC the authority to make regulations on any matter relating to education in the Province such as:

Regulations for discipline of learners in Public Schools, Provincial Notice 156 of 2001

It states which misconduct are considered to be serious enough to warrant expulsion of learners from Public Schools. It also regulates the procedure to be followed by the School Governing Body, the District Office and the Head Office when dealing with recommendations for expulsions and the time frames thereof.

Regulations for financial records of Public Schools, Provincial Notice 154 of 2001

To ensure that all Public Schools have proper financial systems to handle and control their finances and the finances transferred to them by the Department and also to ensure accountability by the School Governing Body.

Regulations for the examinations: Irregularities and the Examination Board, Provincial Notice 157 of 2001

The objective is to regulate the matters relating to the conducting of exams, to define the nature of examination irregularities by the Departmental officials and candidates, and also to establish the Provincial Examination Board and the Irregularities Committees.

Free State Land Administration Act 1 of 1998

The objective is to provide for the acquisition and disposal of land by the Provincial Government and for matters incidental thereto.

Transversal Legislative Framework

  • Constitution of the Republic of South Africa, 1996
  • Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended by Public Finance Management Amendment Act, 1999 (Act No. 29 of 1999)
  • Preferential Procurement Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000)
  • Broad Based Black Economic Empowerment Act 2003, (Act No. 53 of 2003)
  • Division of Revenue Act, 2005 (Act No. 4 of 2005)
  • Government Immovable Asset Management Act 19 of 2007
  • Compensation for Occupational Injuries and Disease Act, 1993 (Act No. 130 of 1993)
  • Public Service Act, 1994 as amended by Act 30 of 2007
  • Basic Conditions of Employment Act No 74 of 1997
  • Employment Equity Act, Act no 55 of 1998
  • Labour Relations Act No 66 of 1995
  • Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)
  • Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
  • Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)
  • Skills Development Act, 2003 (Act No. 31 of 2003)
  • Skills Development Levies Act 9 of 1999 Imposition of levy.