REGULATIONS RELATING TO SERIOUS MISCONDUCT OF LEARNERS AT PUBLIC SCHOOLS (EXCLUDING PUBLIC SCHOOLS FOR LEARNERS SENT OR TRANSFERRED THERETO IN TERMS OF THE CHILD CARE ACT, 1983 (ACT 74 OF 1983), AND/OR THE CRIMINAL PROCEDURE ACT, 1977 (ACT 51 OF 1977)) IN THE PROVINCE OF THE WESTERN CAPE AND THE DISCIPLINARY PROCEDURES THAT MUST BE FOLLOWED IN SUCH CASES
In these regulations any word or expression to which a meaning has been assigned in the Act bears the meaning assigned to it and, unless the context otherwise indicates -
"expulsion" means the permanent prohibition of a learner from attending a school;
"governing body" means the governing body as contemplated section 16(1) of the Act;
"Head of Department" means the head of the education department in the Province of the Western Cape;
"learner" means a learner as defined in section 1 of the Act;
"Member of the Executive Council" means the Member of the Executive Council responsible for education in the Province of the Western Cape;
"parent" means a parent as defined in section 1 of the Act;
"principal" means a principal as defined in section 1 of the Act;
"school" means a public school which may include a hostel;
"suspension" means the temporary prohibition of a learner from attending a school; and
"the Act" means the South African Schools Act. 1996 (Act 84 of 1996).
2. SERIOUS MISCONDUCT
- Subject to the provisions of the Act, a learner at a school who -
shall be guilty of serious misconduct.
- has been convicted by a court of a criminal offence and sentenced to imprisonment without the option of a fine; or
- used or had in his or her possession intoxicating liquor or other drugs on the school grounds or during a school activity; or
- is guilty of assault, theft or immoral conduct; or
- has been repeatedly absent without leave from school and/or classes; or
- conducts himself or herself, in the opinion of the governing body, in a disgraceful, improper or unbecoming manner,
- Subject to the provisions of the Act, a learner at a school may be suspended by the governing body of the school or expelled by the Head of Department if, after a fair hearing, he or she is found guilty of serious misconduct as contemplated in subregulation (1).
3. SUSPENSION AND EXPULSION OF LEARNERS
- Where it is brought to the attention of the governing body that the conduct of a learner is such that it may constitute serious misconduct in terms of regulation 2(1) and which conduct will be prejudicial to the interests of the school if disciplinary measures are not taken, the governing body must:
- notify the learner as well as his or her parent(s) in writing of the misconduct;
- convene a meeting of the governing body during which an opportunity is afforded the learner concerned and/or his or her parent(s) or representative to make oral or written representations why the learner should not be suspended or expelled; and
- after the hearing of the representation and finding a learner guilty of misconduct, decide if, as a correctional measure, the learner should be suspended for a period not longer than one week, or decide if it should be recommended to the Head of Department that the learner be expelled.
- Where a governing body recommends to the Head of Department that a learner be expelled, such a learner shall not be allowed to attend the school, pending a decision by the Head of Department in this regard.
- Where a governing body recommends to the Head of Department that a learner be expelled, the parent(s) of the learner must be notified accordingly, in writing, stating reasons for the decision, and the following documentation must be submitted, within 14 days of the decision, to the Head of Department:
- a full report of the circumstances that led to the decision;
- the minutes of the meeting during which the decision was taken; and
- any written representations of the learner/parent(s)/representative.
- The Head of Department must, within 14 days of receipt of the documents referred to in subregulation (3), decide whether the learner should be expelled from or re-admitted to the school and the governing body and the parent(s) must immediately be informed, in writing, of such decision.
Any appeal by the learner or the parent(s) of the learner against the decision of the Head of Department must be lodged with the Member of the Executive Council, within 10 days of receipt of the written notice. The decision of the Member of the Executive Council is final.
5. CONSEQUENCES OF EXPULSION
- Where it is decided to expel a learner who is subject to compulsory school attendance, the Head of Department must make arrangements for the placement of such a learner at an alternative school.
- Any learner who is not subject to compulsory school attendance and who is expelled from a school because of serious misconduct must be afforded the opportunity to write the final examination of the year in which he or she was expelled: Provided that such learner writes the examination in a venue separate from the learners of the school which he or she attended at the time of his or her expulsion.
6. CONTRAVENTION OF HOSTEL RULES
Any contravention of hostel rules is, for the purposes of the application of these regulations, also regarded as a contravention of school rules.