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South African Schools Act, 1996 (Act No. 84 of 1996)

Chapter 3 : Public Schools

13. Public schools on State property



1) In this section, immovable property owned by the State includes immovable property held in trust on behalf of a tribe by a trust created by statute.


2) Subject to section 20(1)(k), a public school which occupies immovable property owned by the State has the right, for the duration of the school's existence, to occupy and use the immovable property for the benefit of the school for educational purposes at or in connection with the school.


3) The right referred to in subsection (2) may only be restricted –
b) if the immovable property is not utilised by the school in the interests of education.


4) The Member of the Executive Council may not act under subsection (3) unless he or she has –
a) informed the governing body of the school of his or her intention so to act and the reasons therefor;
b) granted the governing body of the school a reasonable opportunity to make representations to him or her in relation to such action;
c) duly considered any such representations received.


5) The right contemplated in subsection (2) is enforceable against any successor in title to the owner of the immovable property in question.


6) No immovable property owned by the State and occupied by a public school may be alienated unless an agreement contemplated in section 14 has been concluded between the Member of the Executive Council and the prospective owner of the immovable property.


7) The Registrar of deeds may not execute, attest to or register a transfer deed in respect of the immovable property in question unless the owner has provided the Registrar of deeds with proof of the agreement contemplated in subsection (6).


8) The provisions of the Deeds Registries Act, 1937 (Act No.  47 of 1937), do not apply to the right contemplated in subsection (2).


9) On application by the owner and on production of the owner’s copy of the title deed, the Registrar of deeds must endorse on the title deed and in his or her records the fact that a public school has been established on the land in terms of this Act.