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

Regulations

Regulations for the Conduct, Administration and Management of Assessment for the Senior Certificate, 2005

Chapter 12 : Procedures for Dealing with Alleged Irregularities

64. Sanctions

 

(1) The Committee may impose the sanctions contemplated in these regulations.

 

(2) Mandatory minimum periods of sanction may be imposed by the PEIC or NEIC upon finding the offender guilty of an irregularity. The reason for the creation of mandatory minimum periods of sanction is primarily to ensure that irregularities are handled in a uniform manner across all provincial education departments (no free discretion), and secondly to combat and reduce the frequency of irregularities.

 

(3) There may be cases where the PEIC or the NEIC is of the opinion that the imposition of one of the minimum periods of sanction would, considering the specific circumstances of the case, be very harsh and unjust. The committee may, however, be freed from the obligation of imposing the minimum period of sanction if there are "substantial and compelling circumstances" which justify the imposition of a lesser punishment than the prescribed one.

 

(4) The list of the irregularities, the actions that may be taken and the sanctions to be imposed by the Head of the department of education are listed in Annexure A.