| 1. |
The purpose of this circular is to advise Western Cape Education Department (WCED) schools situated on state land and occupying state buildings about the obligations of governing bodies in respect of section 36 of the South African Schools Act (SASA), 1996 (Act 84 of 1996).
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| 2. |
The Basic Education Laws Amendment Act, 2011 (Act 15 of 2011), as published in the Government Gazette No. 34620 of 19 September 2011, as amended, states the following under section 36:
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36(4) (b) |
a governing body may not allow any activity on school property that is hazardous or disruptive to learners or prohibited by this Act. |
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| 3. |
The WCED recognises the right of its schools, in accordance with sections 13(2) and 36(1) of the SASA, to occupy and use immovable property owned by the state for the benefit of the school’s educational purposes, as well as the responsibility of the governing body to take all reasonable measures to supplement the resources supplied by the state in order to improve the quality of education provided by the school to all its learners. |
| 4. |
However, the WCED wishes to bring the following to the attention of all governing bodies and principals of ordinary and special public schools on state property: |
| 4.1 |
The Department of Environmental Affairs and Development Planning’s Directorate: Environmental Governance has confirmed occurrences of dumping of waste at schools with the co-operation of school principals and/or governing bodies. |
| 4.2 |
Building rubble and other waste must be disposed of at municipal waste-disposal facilities or at a licenced waste-disposal facility. |
| 4.3 |
The dumping of waste on school property is unlawful in terms of the National Environmental Management: Waste Act, 2008 (Act 59 of 2008) as schools are not authorised or licenced to receive or dispose of waste. |
| 4.4 |
Schools are persuaded by unscrupulous contractors to allow them to use the school grounds as a dumping site in return for a fee which is substantially less than what is charged at the waste facilities. |
| 4.5 |
Circular 0032/2012 requests governing bodies to submit an application to the MEC for Education for permission to lease, burden, convert or alter immovable property of the school, or to allow any person to conduct any business on school property. However, the WCED cannot allow school grounds to be used as a dumping site. |
| 5. |
Your co-operation in this matter will be appreciated. |
SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2012:11:23
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