ACTS

• Safety at Sports and Recreational Events Act 2 of 2010, as published in Government Gazette No. 33232 on 27 May 2010 [SSRE]
• The National Sport and Recreation Act, as published in Government Gazette No. 110 of 4 Dec 1998 [NSRA]
• National Sport and Recreation Amendment Act, as published in Government Gazette No. 30476 on 16 November 2007 [NSRAA]
• The National Education Policy Act, 1996 (Act No. 27 of 1996), Section 3 (4) (l) [NEPA]
• Employment of Educators Act 76 of 1998 [EEA]
• The South African Schools Act, No. 84 of 1996 , Section 21 (1) (b) [SASA]

REGULATIONS

• Regulations for Safety Measures at Public Schools (Government Gazette 22754, 12 October 2001 and 29376, 10 November 2006) [NR SMP]

POLICY

• National Policy for Determining School Calendars for Public School in South Africa (Government Gazette 38330, 30 January 2015) [NP CAL]
• National Policy Pertaining to the Programme and Promotion Requirements of the National Curriculum Statement Grades R-12 (Government Gazette No. 34600 of 12 September 2011 as amended by Government Notices No.1496 and 1497 in Government Gazette, No. 40472 dated 2 December 2016) [NPPPR]
• Draft School Sport Policy for Public Schools in South Africa, call for comments published in Government Gazette No. 34830 of 9 December 2011 [NP SPORT]

GUIDELINES

• Collaboration Framework for the Organisation and Management of School Sport signed by the Ministers of Education, as well as Sport and Recreation on 30 June 2009, Annexure A [NG FOMSS]
• Personnel Administration Measures [PAM]

1. Principles underlying School Sport Policy Framework (Summary from Draft School Sport Policy for Public Schools in South Africa of June 2009)
   • School sport should be an integral, extramural and extracurricular component of the holistic education programme. Each school should allocate time for participation in school sport and physical activity during or after formal school hours.
   • Each school should have a structured programme for recreational school sport. Relevant games and activities that promote mass participation shall be identified, prioritised and implemented.  All learners shall participate in these activities on an on-going basis.  Recreational school sport activities involving learners from different schools may be organised by School Governing Bodies of the schools concerned.  All school sport programmes must aim to enrich the curriculum at both GET and FET Phases.
   • For the strategic delivery of school sport programmes to succeed, deliberate and focused capacity building and continuous development programmes for educators must be designed and implemented. Educators must be properly trained as coaches, trainers, referees, sport administrators, and in other areas relevant to school sport.
   • Opportunities for participation in competitive school sport should be made available to all learners. All learners should participate in teams and competitions involving learners of similar developmental levels.  The continual training and skills development of learners by educators and other interested volunteers shall ensure their mobility to higher ability levels.
   • Competitive school sport should take place within a school, involving inter-class / inter-house games, as well as at inter-school level with selected teams taking part at district, regional, provincial, national and international tournaments.
   • Because competitive school sport also implies mass participation in intra-school leagues, there may need to be some adaptations of rules or codes to facilitate participation in small schools, farm schools and schools for learners with disabilities.
   • Motor skill development and play activities in Physical Education are key as the foundation of sporting skills. The level of competition shall, therefore, be according to the learner’s level of development and ability.  Competitive sport at the Foundation Phase shall not be encouraged.  All school sport in this phase shall be intended to help children to develop their skills and potential.
   • The Department of Basic Education, Sport and Recreation South Africa and their provincial counterparts, as well as other strategic partners must consider available human, physical and financial resources and pool these together for successful sport programmes to be implemented collaboratively, thus creating a vibrant sporting culture in the country.
   • School sport is based on, but not limited to, the following principles: integrity, inclusivity, quality delivery, professionalism, ethics, accessibility, capacity, development and social cohesion.
2. Stakeholders’ Roles and Responsibilities (taken from Draft School Sport Policy for Public Schools in South Africa of June 2009)
   • SGB
     • Draw up the budget and make provision for school sport activities.
     • Provide sports facilities and equipment.
     • Ensure that educators are supported to offer school sport activities.
     • Participate in selecting and approving school sport codes.
     • Participate in the compilation of the school sport policy and the school sport plan.
     • Determine the school sport programme and the calendar at the school.
     • Support and monitor school sport activities.
     • Ensure the election of a sports committee.
   • Principal and the SMT
     • Ensure that the school sport policy for the school is in place.
     • Report to the SGB on school sport issues.
     • Ensure that the school sport plan is implemented.
     • Ensure that educators are supported in offering school sport activities.
     • Participate in the compilation of the school sport policy and the school sport plan.
   • School sport committee
     • Draft the school sport policy for the school.
     • Play a role in the drafting of the school sport calendar.
     • Co-ordinate the implementation of the school sport activities at the school.
     • Recommend the sport equipment and apparatus to be bought by the school.
     • Draw up the budget for sport.
   • Educators
     • Implement school sport activities within the plan.
     • Support, nurture and progressively develop talent in learners.
3. General Guidelines for Accountable Participation in Extra-curricular Activities:
   • Orientating partners on the place of extra-curricular activities within the school programme.
     Principals should campaign actively for a positive attitude to the educational value of extra-curricular activities and cultivate an understanding of the task of the school in this respect in teachers, parents and other partners.  Parent meetings, letters of information, the co-operation of the School Governing Body, the parent committees and staff meetings may be utilised for this purpose.
   • A balanced view of competition
     Pupils should be guided deliberately by the principal, staff and coaches towards a well-balanced view of winning in competitive activities.  The following aspects could be used as guidelines:
     • Announce the results of a match to the school, the positive aspects of competition should be stressed.
     • Pupils who attended as spectators should also be given credit for good and sportsmanlike conduct.
     • The adults should bear in mind that by a single gesture, comment, word or tone of voice, he / she may influence pupils regarding a well-balanced attitude towards winning or losing.
     • Pupils should be encouraged continuously to participate actively in extra-curricular activities. Participation in cultural activities should be encouraged by emphasising that pupils may benefit from these activities.
     • Schools should not be pressurised by parents or authorities to participate in competitions.
     • Teachers should be assured that on no account will their competence be evaluated by the performance of their teams / groups, be it winning or losing, but by the accountable way in which the activity is presented and their ability to communicate with the pupils.
   • Accountable allocation of time
     • Sporting and cultural days
     • A maximum of two days per year may be allocated to schools for this purpose.  School Governing Bodies should apply to the Head of Department or his / her representative at the District level to utilise such days for school sporting and cultural events.  Records will be kept of the allocation of such days with regard to numbers of applications, reasons given for applications and numbers of applications granted.
     • The time devoted to extra-curricular activities should not impact negatively on the performance of either educators or learners in the classroom.
     • Smaller local leagues may help to decrease the number of matches played during the week, as well as on Saturdays.
     • Conflict between staff and pupils owing to different interests may be resolved if every extra-curricular activity is awarded its rightful place in the school calendar. Principals should take the lead in ensuring uniformity in the arrangements made for their district and in avoiding unfavourable comparisons of schools and principals by outside persons.
     • The principal of each school structures the school programme in such a way that it makes provision for the necessary balance. The following aspects may be considered:
       • Certain sport and cultural activities are selected by schools to provide for their needs.
       • Teachers and parents guide individual pupils towards attaining balance with regard to the use of leisure time, participation in extra-curricular activities and academic work.
       • The beginner teacher should be taken into account so as to prevent too many extra-curricular activities and too much academic work.
   • Accountable expenditure on extra-curricular activities
     • Funds available are allocated to the various extra-curricular activities offered by the school on a responsible basis.
     • Tours should be arranged with circumspection. The educational value a tour offers often does not justify the costs incurred and the sacrifices made by the teacher/s.
     • Sponsorships for meetings and tours should be treated with circumspection and care should be taken that the autonomy of the school is not jeopardised.
   • Emphasis on general participation as against early specialisation
     • To fulfil its purpose the school, as the institution at which pupils receive a broad general education, offers as many pupils as possible the opportunity of participating in the activities of their choice. It is, therefore, the task of the school to provide all the pupils with broad educational opportunities.  Coaching a small group excessively and intensively at the expense of other pupils is, therefore, not accountable.
     • Although teachers are primarily trained to give academic instruction and to use the extra-curricular programme as an educational opportunity, parents should not expect teachers to give highly specialised coaching.
     • If the pupils were to understand the meaning and purpose of activities, they would probably be motivated to become involved.
     • General participation of large numbers of pupils is promoted by inter-house and inter-school competitions in which fewer schools but more pupils participate.
     • Schools should make a very real effort to involve an increasing number of pupils in cultural activities, such as school concerts, musical evenings or dramatic productions and the pursuit of constructive group-oriented hobbies.
     • All members of staff should be encouraged to become increasingly involved in cultural activities to enable them to set an example to the pupils.
4. Safety Measures during Extra-curricular Activities
   • Parental consent
     A parent must give his / her consent in writing at the beginning of a year for his / her child to be included in excursions, outings and trips to matches and fixtures.
   • Safety measures to be considered during co-curricular activities
     • All staff members, the learners and parent community should ensure that safety prevails in any co-curricular activity.
     • In both sporting and cultural events sufficient time must be spent on warming up the body, even before a choir practice. Many injuries are sustained as a result of insufficient attention being given to the warming-up process.
     • Specific kinds of warming-up exercises are prescribed for particular activities. Coaches need to be fully conversant with these.  The following aspects should also receive significant attention:
       • Coaches must be present throughout practice sessions. This implies that the coach arrives on time before the practice starts.  Under no circumstances may a group of learners be left on their own.  If injuries occur at this time, the school will be held legally responsible.
       • This also applies when carrying and storing equipment.
       • It is advisable that all teachers working as coaches be adequately qualified to teach the activity they are responsible for.
       • Even when an external person (e.g. parent) renders his services as a coach, it is the duty of the principal and SGB to check and ensure that the person is fit to coach a team.
5. Educational Trips undertaken by the School
   • Educational trips need to contribute to the holistic development of the learner.
   • Trips should be scheduled, arranged and prepared well in advance.
   • Applications for approval to participate in excursions, together with full details of the arrangements, must be submitted well in advance to the District Director via District Manager.
   • The trip, its purpose and other details need to be communicated to learners, parents and teachers. Parents need to give consent for their children to participate in excursions and indemnity forms need to be completed.  The SGB also needs to approve of these trips.
   • If there are sponsors involved, they have to be contacted and engaged in the arrangements well in advance. They also need to familiarise themselves with the legal responsibilities of the trip.
   • The departure, arrival and return times of the trip have to be determined prior to the trip. These arrangements, as well as contact telephone numbers need to be communicated to all stakeholders.
   • Learners need to be notified beforehand of the conduct expected of them during the trip.
   • A letter to the parents indicating the rules and regulations of learner behaviour has to be signed by them.
   • In some cases, depending on the nature and scope of the excursion, the principal might have to call a parent meeting to explain and communicate all aspects related to the trip.
   • A copy of the itinerary must be given to all relevant stakeholders including parents.
   • Adequate staff supervision is obviously essential during any trip. The norm may be regarded as having two adults in a supervisory capacity for every 40 learners on the trip.  In the case of mixed gender schools, insofar as it is practicable, at least one male and one female member of staff should be present for every 40 learners on the trip.  In the case of single gender schools, both members of staff could be of the same gender as the learners, but the school should always attempt to have at least one person of the same gender as the learners as part of the supervisory grouop.  It may mean that parents will need to be roped in to assist on occasion, but in the end this is a matter where one should attempt to maintain the balance rather than regarding it as a hard-and-fast rule.
   • A list of names of learners and staff must be available on the trip and a copy must be left in the office.
   • Safe transportation must be provided. The vehicle must be in good condition, insured and roadworthy.  Responsible adult drivers need to be appointed.
   • If you use parents or others to transport learners, make sure that they are covered by adequate insurance of their own, or do not use them – it is all but impossible to get the school’s insurers to cover accidents in the vehicles of private people.
   • A letter of thanks and appreciation to the hosts must be written.
   • After the trip a complete report needs to provide feedback to the staff for follow-up activities and submitted to the principal for evaluation and filing.
   • All aspects of any national or provincial regulations with regards to school tours should be fulfilled.
6. Learner Transport
   • All schools that transport learners themselves, or organise any type of learner transport, must ensure that all the required transport regulations are complied with consistently. Vehicles must also be checked regularly [at least every six months] for roadworthiness and safety.  A vehicle checklist should be compiled or obtained and updated.
   • Schools must ensure that their learners behave properly on the bus, and get on and off the bus in a controlled manner, by having some or all of the following measures in place:
     • arranging supervision when learners get on and off the bus at the school;
     • appointing a senior learner as a bus prefect to supervise learners on the bus;
     • providing learners using learner transport with a code of conduct; and
     • providing supervision for learners who have to wait for the bus in the afternoon.

ACTS

• The Children’s Act 38 of 2005 [CA]
• Employment of Educators Act 76 of 1998 [EEA]

GUIDELINES

• Guidelines for Day Care, Department of Social Development [NG DC]
• Personnel Administration Measures [PAM]

1. Introduction
   • The purpose of after-school centres is to provide adult supervision after school hours for those who may have this need. The primary aim is not to provide any formal tuition but to keep these pupils occupied in a constructive way.
   • After-school centres may also cater for additional needs, e.g. providing food and refreshments for pupils or providing supervision during school holidays.
   • After-school centres are essentially centres which have been established to provide a particular service at a particular cost. They should not be confused with classes presented by some schools and which are supervised by teaching staff as part of the extramural programme and for which no fees are payable.
2. Procedures to be followed in the Establishment of a Place of Care
   The Children’s Act 38 of 2005 states that when there’s an intention to establish a place of care or when there’s an application for changes to an existing registration certificate, the following is of utmost importance:
   • Any person, organisation or community which intends to initiate a place of care must contact the nearest office of the Department of Social Development.
   • It is important to consult the local authority (municipality) as well, with a view to obtaining the right of use and the necessary licence to run a place of care on a particular premise.
   • The registration or re-registration of a place of care is considered by the Minister on the basis of a report and a recommendation by the Department of Social Development. A certificate from the local authority to the effect that such place of care complies with all the structural and health requirements of the local authority must accompany the report of the Department of Social Development.
   • In cases where minimum standards are not met, the place of care has to meet requirements within a specific time frame in order to register. If conditions are not complied with, it may result in closure of the facility and / or service.
   • A place of care is subject to inspection by the Department of Social Development at least once a year.
   • All applicants must also contact the Departments of Education and Health to determine any requirements from these departments.
3. Types of After-school Centres
   • There are three main types of after-school centres that are run by:
     • welfare organisations;
     • schools; and
     • private persons on a profit-making basis.
   • Where after-school centres are registered with the Department of Social Development, or are run by schools, the body which has registered them is responsible for both the pupils and the staff of the centre. This means that the registered body needs to be suitably insured.
4. General Guidelines on making Facilities available to Welfare Organisations
   • Principals and School Governing Bodies should ensure that the fees charged are commensurate with the services provided, and that inspections are carried out to determine that parents receive value for their money. This applies not only to the quality of supervision but to the quality and quantity of the meals and refreshments which are provided.  Particular care should be taken to ensure that parents are not misled into believing that the centre is a so-called study or remedial centre.
   • When School Governing Bodies make school buildings available for after-school centres, they should ensure that:
     • the applicant registers the after-school centre with the Department of Social Development;
     • the applicant takes out insurance to cover damage to equipment;
     • insurance is taken out to safeguard against any claims which may arise from casualties and / or injuries which may occur on the grounds / in the buildings during the hours in which the after-school centre operates;
     • the programme / timetable of pupil activities for the after-school centre is approved by the SGB and inspections are carried out periodically by either the SGB or the principal concerned;
     • there is one supervisor for every 25 people; and
     • an emergency plan is designed for the after-school centre and the head of the centre is well aware of the channels of communication to be used in the event of emergencies.
   • The School Governing Body concerned should make all arrangements involving the leasing of specific classrooms, lease contracts, etc.
5. General Guidelines to School Governing Bodies on establishing and running After-school Centres
   As a point of departure, it should be stated that since caring for pupils after school hours is not an educational function, the Department does not establish or run any after-school centres.  Where SGBs consider establishing and running after-school centres to satisfy a need within a particular community, the following guidelines should be followed:
   • In the spirit of presenting an essential service it is a basic requirement that after-school centres should not be run mainly as profit-making concerns and that the services offered should be of a high standard and commensurate with the fees charged.
     The head of the after-school centre should be a fully trained teacher responsible for:
     • designing and implementing a programme / timetable of activities approved by the SGB which is inspected periodically by both the SGB and the principal;
     • dealing with all financial aspects as set out in the regulations for school funds;
     • drawing up duty sheets for supervisory staff;
     • drawing up an emergency plan for the after-school centre in conjunction with the principal;
     • keeping an attendance register for supervisory staff and checking the salaries against it;
     • maintaining discipline and supervising pupils; and
     • ensuring that pupils are provided with meals and refreshments (where applicable) in an orderly and hygienic way.
   • In instances where in-service teaching staff wish to be appointed as supervisors at after-school centres, prior approval for additional remuneration for work done after school hours should be obtained from the Department of Basic Education.
   • Funds from an after-school centre may be accounted for in the school fund bookkeeping system. As an after-school centre is not an educational matter from which not all pupils may benefit, the cost of running it may not be subsidised from the school fund.  An after-school centre should, therefore, be completely self-supporting.
   • The running of an after-school centre should be left to a sub-committee of the SGB which is responsible to the SGB for all matters pertaining to the centre.
   • In order to implement the after-school programme effectively, supervisory staff should be appointed according to a ratio of one supervisor for every 25 pupils.
   • The cleaning of rooms, crockery, cutlery, etc. may not interfere with the normal duties of general assistants.
   • The applicant is to take out insurance to cover damage to equipment.
   • Insurance should be taken out to safeguard against any claims which may arise from casualties and / or injuries which may occur on the grounds / in the building during the hours during which the after-school centre operates.
   • Schools which run after-school centres must register as employers with SARS, deduct the relevant amounts for income tax from the employees and pay this in to the Receiver of Revenue as required by law. At the end of each financial year, employers should be issued with IRP 5 certificates.
6. General Guidelines on making School Buildings available to Private Institutions or Persons who wish to run After-school Centres for their own Profit
   • Principals should be satisfied that the private person / institution offers a satisfactory service to the school community.
   • The leasing of school buildings to private persons / institutions should be considered on an annual basis. Principals and management councils may cancel any such agreements without giving reasons as long as three months’ notice is given.
   • Principals and management councils are requested to ensure that:
     • the applicant registers the centre as a place of care with the Department of Health;
     • the applicant takes the necessary precautions against fire and other possible damage to property;
     • the applicant takes out insurance to cover any damage to buildings and equipment;
     • insurance is taken out to safeguard against any claims which may arise from casualties and / or injuries which may occur on the grounds / in the buildings during the hours during which the after-school centre operates;
     • the programme / timetable of pupil activities for the after-school centre is approved by the SGB and inspections are carried out periodically by the SGB or the principal concerned;
     • there is one supervisor for every 25 pupils; and
     • an emergency plan is designed for the after-school centre and the head of the centre is familiar with the channels of communication to be used in an emergency.
   • The SGB should make all arrangements involved in leasing specific classrooms, lease contracts, etc.