| (1) |
The governing body must consider the application subject to these Regulations and must make a decision within 30 days after receipt of the application. |
| (a) |
The governing body must apply the following formula when considering the application for exemption: |
where—
| E = |
school fees as a proportion of the income of a parent. |
| F = |
annual school fees, for one child, that a school charges in terms of section 39 of the Act. |
| A = |
additional monetary contributions paid by a parent in relation to a learner's attendance of, or participation in any programme of, a public school. |
| C = |
combined annual gross income of parents. |
| 100 = |
the number by which the answer arrived at in the brackets is multiplied so as to convert it into a percentage. |
| (b) |
The annual school fees of only one learner must be used in the formula. |
| (c) |
If a parent has more than one child at the same school and the school fees are not the same for all of them, the highest school fees must be used in the formula. |
| (3) |
If E is equal to or greater than 10%, the parent qualifies for total exemption. |
| (a) |
If E is equal to 3,5%, the parent qualifies for partial exemption. |
| (b) |
If E is equal to 2,5%, the parent does not qualify for any exemption, unless he or she has three or more other children at the same public school or at another public school that has not been declared a no fee school. |
| (c) |
If E is equal to 3,0%, the parent does not qualify for any exemption, unless he or she has one or more children at the same public school or at another public school that has not been declared a no fee school. |
| (a) |
If E is less than 2,0%, the parent does not qualify for any exemption. |
| (b) |
E is equal to 2,0%, the parent does not qualify for any exemption, unless he or she has five or more other children at the same public school or at another public school that has not been declared a no fee school. |
| (a) |
The table below determines the level of exemption. |
| (b) |
The table applies only to a parent who qualifies for partial exemption. |
| (c) |
Column one of the table applies to a parent who has only one child at a public school. |
| (d) |
Columns two to 10 apply to a parent who has more than one child at the same public school or at more than one public school that have not been declared no fee schools. |
| (e) |
The governing body must take into account all the learners contemplated in paragraph (d) when applying the table. |
[Table available at Government Gazette No. 29311]
[update to this table published in Government Notice No. 1149 in Government Gazette No. 29392 dated 17 November 2006]
| (7) |
In the case of conditional exemption, the governing body may attach to an exemption granted to an applicant such conditions as it may deem reasonable. |
| (8) |
An applicant must, if he or she so requests, be afforded an opportunity to present his or her application in person or through a representative designated by him or her. |
| (9) |
The governing body must, in writing and within seven days after its decision is taken, notify each applicant of the decision and the reason therefor. |
| (10) |
The governing body must, in writing and within seven days after considering the documentary evidence contemplated in regulation 4(3), notify a parent whether or not he or she qualifies for automatic exemption. |
| (11) |
A governing body must, at or before the end of the first school term each year, submit to the Head of Department or his or her delegate a provisional table indicating— |
| (a) |
the number of applications for exemption of parents from the payment of school fees considered; |
| (b) |
the number of total exemptions granted; |
| (c) |
the number of partial exemptions granted; and |
| (d) |
the number of applications not granted. |
| (12) |
A final table must be submitted on or before 30 November of each year. |
| (13) |
If an application contemplated in regulation 4(1) is declined or a parent does not qualify for automatic exemption, the notices contemplated in sub-regulations (9) and (10) must include the right of appeal in terms of section 40(2) of the Act. |
| (14) |
If a parent does not qualify for exemption, the governing body may take steps in terms of section 41 of the Act against him or her only after - |
| (a) |
notifying the parent in terms of sub-regulation (9) or (lo), as the case may be; and |
| (b) |
considering reasonable forms of payment other than cash. |
| (15) |
Illustrations with regard to the application of the formula are reflected in Annexure C. |
South African Institute for Drug Free Sport Act, 1997
