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

Regulations

Regulations relating to the Exemption of parents from payment of School Fees in Public Schools, 2005

8. Procedure for appeal

 

(1) A parent who is dissatisfied with the decision referred to in regulation 6(1) may, in writing and within 30 days after receipt of the notification of that decision, appeal to the Head of Department against the decision.

 

(2) The appellant contemplated in sub-regulation (1) must furnish the Head of Department with—
(a) the reasons for the appeal; and
(b) all relevant information pertaining to the appeal.

 

(3) The Head of Department must, within 14 days after receipt of the documentation referred to in sub-regulation (2) –
(a) notify the chairperson of the governing body concerned that—
(i) the appeal has been lodged; and
(ii) the governing body must take no action in terms of section 41 of the Act against the parent until the appeal has been finalised;
(b) furnish the chairperson with a copy of the appellant’s reasons for the appeal; and
(c) the chairperson to forward to him or her, within 14 days after receipt of the request—
(i) a copy of the minutes of the meeting of the governing body at which the application was discussed and decided upon;
(ii) any comments the governing body wishes to make with regard to the appellant’s reason for the appeal; and
(iii) any other information relevant to the appeal.

 

(4) After consideration of all information referred to in subregulations (2) and (3)(c), the Head of Department must, within 14 days of receipt of the documentation -
(a) uphold the appeal; or
(b) dismiss the appeal.

 

(5) Within seven days of deciding the appeal, the Head of Department must, in writing, notify the appellant and the chairperson of the governing body concerned of his or her decision and the reasons therefor.

 

(6) A parent has the right to appeal to the Head of Department if he or she is not satisfied about the notice contemplated in regulation 6(10).