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Chapter 8

IMMOVABLE PROPERTY

8.8 COMPLIANCE WITH NORMS AND STANDARDS

8.8.1Legislative and Policy Framework

ACTS

  • South African Schools Act 84 of 1996 [SASA]

8.8.2Framework for the Development of School Policy on Compliance with Norms and Standards

  1. Compliance with Norms and Standards
    1. The Member of the Executive Council must, in accordance with an implementation protocol contemplated in Section 35 of the Intergovernmental Relations Framework Act 13 of 2005, ensure compliance with:
      1. norms and standards determined in terms of Sections 5A, 6 (1), 20 (11), 35 and 48 (1);
      2. minimum outcomes and standards set in terms of Section 6A; and
      3. performance standards contemplated in Item 2 (2) of Schedule 1 to the Employment of Educators Act 7 of 1998. (In this Section jointly referred to as ‘norms and standards’.)
    2. The Member of the Executive Council must ensure that the policy determined by a Governing Body in terms of Sections 5 (5) and 6 (2) complies with the norms and standards.
    3. The Member of the Executive Council must annually report to the Minister the extent to which the norms and standards have been complied with or, if they have not been complied with, indicate the measures that will be taken to comply.
    4. Any dispute between the Minister and a Member of the Executive Council in respect of non-compliance with these norms and standards must:
      1. be dealt with in accordance with the principles of co-operative governance referred to inSection 41 (1) of the Constitution and the provisions of the Intergovernmental Relations Framework Act 13 of 2005; and
      2. whenever necessary, be settled in accordance with Chapter 4 of the Intergovernmental Relations Framework Act of 2005.
    5. The Head of Department must comply with all these norms and standards within a specific public school year by:
      1. identifying resources with which to comply with such norms and standards;
      2. identifying the risk areas for compliance;
      3. developing a compliance plan for the province, in which all norms and standards and the extent of compliance must be reflected;
      4. developing protocols with the schools on how to comply with norms and standards and manage the risk areas; and
      5. reporting to the Member of the Executive Council on the state of compliance and on the measures contemplated in this section before 30 September of each year.
    6. The Head of Department must:
      1. in accordance with the norms and standards contemplated in Section 5A determine the minimum and maximum capacity of a public school in relation to the availability of classrooms and educators, as well as the curriculum programme of such school; and
      2. in respect of each public school in the province, communicate such determination to the chairperson of the Governing Body and the principal, in writing, by not later than 30 September of each year.