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

Chapter 5 : Independent Schools

51. Registration of learner for education at home



1) A parent may apply to the Head of Department for the registration of a learner to receive education at the learner's home.


2) The Head of Department must register a learner as contemplated in subsection (1) if he or she is satisfied that –
a) the registration is in the interests of the learner;
b) the education likely to be received by the learner at home –
i) will meet the minimum requirements of the curriculum at public schools; and
ii) will be of a standard not inferior to the standard of education provided at public schools; and
c) the parent will comply with any other reasonable conditions set by the Head of Department.


3) The Head of Department may, subject to subsection (4), withdraw the registration referred to in subsection (1).


4) The Head of Department may not withdraw the registration until he or she –
a) has informed the parent of his or her intention so to act and the reasons therefor;
b) has granted the parent an opportunity to make representations to him or her in relation to such action; and
c) has duly considered any such representations received.


5) A parent may appeal to the Member of the Executive Council against the withdrawal of a registration or a refusal to register a learner in terms of this Act.