WCED Circular

As a school may relinquish the use of portions of its land or buildings, the Western Cape Education Department (WCED) has been compelled to look into this practice and to introduce clear guidelines for the disposal of unused and/or under-used school grounds and/or buildings.

The WCED does not own any fixed property. Public schools make use of State property of which the Department of Transport and Public Works (Chief Directorate: Property Management, hereafter referred to as Property Management) is the custodian. However, the alienation of school property and buildings is subject to the consent and approval of the school governing body (SGB) concerned. In terms of Section 20 (1) (g) of the South African Schools' Act, (Act 84/1996, hereafter referred to as the Schools' Act), the SGB must “administer and control the school’s property, i.e. the buildings and grounds occupied by the school, including hostels, if applicable". However, in terms of Section 13 (3) of the Schools' Act, only the Member of the Executive Council for Education may restrict a school’s right of occupation and use of educational property or buildings.

It is imperative that, when an SGB wishes to forego its right of occupation to a portion of its site and/or under-used buildings, the case be dealt with individually and consideration be given to the various space norms that applied prior to the establishment of the WCED in 1996, as well as to the following norms and standards which are currently applicable to the provision of new school sites:

A site of 2,0 hectares for the development of a primary school
A site of 3,0 hectares for the development of a secondary school

PROCEDURE FOR THE DISPOSAL OF UNUSED AND/OR UNDER-USED PROPERTY AND BUILDINGS ZONED FOR EDUCATIONAL PURPOSES

4.1

The SGB must notify the WCED in writing that it wishes to forego its right of occupation to a portion of the school site and/or buildings (including hostels).

4.2

The WCED (Directorate: Physical Resources Planning) will do an on-site inspection to determine, first-hand, whether the land and/or buildings should be retained or relinquished.

4.3

If the portion of the land and/or building(s) are not being used, the WCED will relinquish the property to Property Management which, in turn, will dispose of it for “the highest and best usage” after the necessary surveying, re-zoning and marketing of the site and/or building(s) has been completed.

4.4

Property Management will be responsible for the settlement of all professional expenditure attached to the sale of the property, e.g. land surveyor, property valuation, and will ensure that the provisions of the Western Cape Land Administration Act, (Act 6/1998) are adhered to. Property Management will decide on the most suitable method of disposal, e.g. closed tender, public auction, long-term lease.

DETERMINING OF PERCENTAGES OF PROCEEDS BY WHICH A SCHOOL WILL BENEFIT

5.1

The following sliding scale, based on the rationale that market values of properties differ from area to area, will be used to determine what percentage of the proceeds will be made available to the school:

Category 1   (financially strong schools)   20 %
Category 2                                  35 %
Category 3                                  51 %
Category 4                                  68 %
Category 5   (financially weak schools)     85 %

5.2

These percentages may be increased, but only at the discretion of the Minister of Education after consultation with the Head: Education. This will depend on the needs of a school and the motivation received from the school.

THE USE OF THE PROCEEDS OF THE SALE OF UNUSED AND/OR UNDER-USED PROPERTY AND BUILDINGS

6.1

These proceeds will be apportioned as follows:

6.1.1

The Department of Transport and Public Works will pay all professional fees as well as fees for the valuing, marketing, re-zoning, etc., of the property.

6.1.2

A percentage of the proceeds, according to the sliding scale in paragraph 5.1, will be made available to the school for the improvement of infrastructure.

6.1.3

The balance will be made available for the improvement of school infrastructure elsewhere in the Western Cape.

6.2

The amount allocated to a school may be used only for upgrading (additions and renovations) and maintaining (repair of existing infrastructure) and not for the cosmetic embellishment of the school buildings.

6.3

Schools must consult the WCED (Directorate: Physical Resources Planning) regarding the project(s) that they wish to undertake. The following procedure will apply:

6.3.1

Schools must submit to the WCED a written motivation for the additions, upgrading or maintenance required.

6.3.2

The motivation will be evaluated and a recommendation will then be submitted, via the Superintendent-General, to the Minister of Education for approval.

6.3.3

If the project is approved, the WCED (Directorate: Physical Resources Planning) will formally request the Department of Transport and Public Works to manage the entire project (draw up plans, prepare specifications, advertise tender, award tender, monitor progress, act as State’s quality assurance agent, pay contractor).

6.3.4

No payments will be made directly to the school for the sale of unused and/or under-used property, nor will schools be allowed to manage a project with the proceeds allocated to them. This will be done on behalf of the school by the Department of Transport and Public Works.

6.3.5

Should any complaints and/or disputes be lodged by a school, they will be dealt with by a dispute committee appointed by the Head of Education and consisting of representatives from the WCED, Public Works and Property Management.

Enquiries regarding the contents of this circular may be directed to Ms Fajwa Abrahams at Telephone 021 467 2130.

SIGNED: R.B. SWARTZ
HEAD: EDUCATION
DATE: 2003:12:18