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

Chapter 5 : Independent Schools

46. Registration of independent school



1) No person may establish or maintain an independent school unless it is registered by the Head of Department.


2) The Member of the Executive Council must, by notice in the Provincial Gazette, determine the grounds on which the registration of an independent school may be granted or withdrawn by the Head of Department.


3) A Head of Department must register an independent school if he or she is satisfied that –
a) the standards to be maintained by such school will not be inferior to the standards in comparable public schools;
b) the admission policy of the school does not discriminate on the grounds of race; and
c) the school complies with the grounds for registration contemplated in subsection (2).


4) Any person who contravenes subsection (1) is guilty of an offence and upon conviction liable to a fine or imprisonment for a period of three months.