SASA – LEARNERS 9. Suspension and Expulsion from Public School.

9. Suspension and expulsion from public school.

(1) The governing body may, on reasonable grounds and as a precautionary measure, suspend a learner who is suspected of serious misconduct from attending school, but may only enforce such suspension after the learner has been granted a reasonable opportunity to make representations to it in relation to such suspension. [Sub-s. (1) amended by s. 7 of Act No. 48 of 1999 and substituted by s. 2 (a) of Act No. 24 of 2005.] Wording of Sections

(1A) A governing body must conduct disciplinary proceedings in the manner contemplated in section 8 against a learner within seven school days after the suspension of such learner. [Sub-s. (1A) inserted by s. 2 (a) of Act No. 24 of 2005.]

(1B) If disciplinary proceedings are not conducted within seven school days after the suspension of a learner, the governing body must obtain the approval of the Head of Department for the continuation of the suspension of such learner. [Sub-s. (1B) inserted by s. 2 (a) of Act No. 24 of 2005.]

(1C) A governing body may, if a learner is found guilty of serious misconduct during the disciplinary proceedings contemplated in section 8—

(a) impose the suspension of such learner for a period not longer than seven school days or any other sanction contemplated in the code of conduct of the public school; or

(b) make a recommendation to the Head of Department to expel such learner from the public school. [Sub-s. (1C) inserted by s. 2 (a) of Act No. 24 of 2005.]

(1D) A Head of Department must consider the recommendation by the governing body referred to in subsection (1C) (b) and must decide whether or not to expel a learner within 14 days of receiving such recommendation. [Sub-s. (1D) inserted by s. 2 (a) of Act No. 24 of 2005.]

(1E) A governing body may suspend or extend the suspension of a learner for a period not longer than 14 days pending the decision by the Head of Department whether or not to expel such learner from the public school. [Sub-s. (1E) inserted by s. 2 (a) of Act No. 24 of 2005.]

(2) A learner at a public school may be expelled only

(a) by the Head of Department; and

(b) if found guilty of serious misconduct after disciplinary proceedings contemplated in section 8 were conducted. [Sub-s. 2 substituted by s. 2 (b) of Act No. 24 of 2005.]

(3) The Member of the Executive Council must determine by notice in the Provincial Gazette

(a) the behaviour by a learner at a public school which may constitute serious misconduct;

(b) disciplinary proceedings to be followed in such cases;

(c) provisions of due process safe-guarding the interests of the learner and any other party involved in disciplinary proceedings.

(4) A learner or the parent of a learner who has been expelled from a public school may appeal against the decision of the Head of Department to the Member of the Executive Council within 14 days of receiving the notice of expulsion. [Sub-s. 4 substituted by s. 2 (c) of Act No. 24 of 2005.] (5) If a learner who is subject to compulsory attendance in terms of section 3 (1) is expelled from a public school, the Head of Department must make an alternative arrangement for his or her placement at a public school.

(6) A learner who has appealed in the manner contemplated in subsection (4), must, pending the outcome of the appeal, be given access to education in the manner determined by the Head of Department. [Sub-s. 6 added by s. 2 (d) of Act No. 24 of 2005.]

(7) The Head of Department, in determining the manner of attendance contemplated in subsection (6)—

(a) must take reasonable measures to protect the rights of other learners at the public school; and

(b) may consider an alternative method of providing education to the learner contemplated in subsection (6). [Sub-s. 7 added by s. 2 (d) of Act No. 24 of 2005.]

(8) If the Head of Department decides not to expel a learner as contemplated in subsection (2), the Head of Department may, after consultation with the governing body, impose a suitable sanction on the learner. [Sub-s. 8 added by s. 2 (d) of Act No. 24 of 2005.]

(9) If the Head of Department decides not to impose a sanction on the learner, the Head of Department must refer the matter back to the governing body for an alternative sanction in terms of the code of conduct contemplated in section 8, other than expulsion. [Sub-s. 9 added by s. 2 (d) of Act No. 24 of 2005.]

(10) The governing body must implement the sanction contemplated in subsection (8). [Sub-s. 10 added by s. 2 (d) of Act No. 24 of 2005.]

(11)

(a) If an appeal in terms of subsection (4) by a learner who has been expelled from a public school is upheld by the Member of the Executive Council, the Member of the Executive Council must ensure that a suitable sanction is then imposed on the learner within 14 days of the date on which the appeal was upheld.

(b) For the purposes of the imposition of a suitable sanction contemplated in paragraph (a), the provisions of subsections (8) and (9) apply with the changes required by the context. [Sub-s. (11) added by s. 7 of Act No. 15 of 2011.]

Questions

  • 2

    what happen`s if principle know of the incident and spoke to the leaner and know discipline enquiry was held but the priciple want the child to take a transfer.child do not want to take the transfer.please help

    wasim sheik
    Reply

    what happen`s if principle know of the incident and spoke to to the parent and leaner. no discipline enquiry was held. priciple want the child to take a transfer. child do not want to take the tranfer,because exam is close . please help

    • admin

      The Act clearly spells out the procedure that should be followed. This can be very traumatic for the child. A decision like this does not come easily. Always look at the events that led up to this request. When parent involvement is limited and the child are not supported in the adjustments to his circumstances at home or at school,ill discipline will be the result. A hearing is always a last resort and no parent should wish it on his or her child.
      Transfer is the next best option. However it is within the right of the principal and the SGB to institute a hearing or as also commonly referred to an enquiry.

      Once such a process starts, depending on the transgressions of the child, things can get worst if the learner was responsible. However if the learner wishes to go through an enquiry, let it be his choice. Mediation is always better than confrontation.

      But regardless what anyone may think or believe to be right, parents and the school must first and foremost take in account the rights of all the learners while also looking at the rights of the individual.

      Social Services may be the way to go to facilitate how the child and the parents can be assisted and alternative placement sought if there is no other way to solve the problem.

    • admin

      Allthough the SASA spells out the role of the Principal in Discipline matter, the act of disciplining is still an educational function. So how it is done still remain within the skills set of the Principal.

      Why children do the things they do seldom get attention if the Act concentrate only on the punishment of the child. A discussion between the child and the parents is in itself a disciplinary inquiry.

      Keeping record on SASAMS of such inquiries is what will lead to an official SGB sanctioned Disciplinary hearing. This happens when the staff and principal deems it to be the only step left to try to rehabilitate the conduct of the learner.

      Unless you do not intend to request an expulsion or a sanction like drug rehabilitating, decision on what should happen to the child still remain a private issue between the school ,the Parent and learner or learners in question.

      Never make judgment on the state of discipline in a school on the basis of one off events. Yes we want to protect our children but unless we do not have the facts, knowing what must happen and what actually happen, discipline can become a contentious issue.
      Always look at the big picture.

  • 0

    What steps can be followed if a learner are guilty of the following: did not complete assessment tasks for term 1 and 2. No term tests. Involve in dagga smoking 3 times (tested positive). Absent more than 21 days

    frederick titus
    Reply

    Please give advice on above-mentioned

  • 1

    Hi admin,

    CORTINA
    Reply

    My question is to find out if gambling in school yard can be a serious offence which may result in a learner being transferred /expelled from school without being warned? Which steps must be taken by SGB before the expulsion? 0722350977

    • admin

      Please refer to your school’s code of conduct. However their is a legal procedure that has to be followed. However if a parent removes his or her child on request, the parent has voluntary made the decision and any transfer is then deemed legal and in fact not an expulsion without a hearing.

  • 1

    Hi admin,

    Makabisi
    Reply

    My question is to find out if gambling in school yard can be a serious offence which may result in a learner being transferred /expelled from school without being warned? Which steps must be taken by SGB before the expulsion? 0722350977

    • admin

      Like in the workplace there is a disciplinary that need to be followed. A paper trail of evidence that clearly indicate that the student has outgrown the purpose for which his at the institution. All venues to correct his behaviour has been unsuccesful and yet he continue to disobey the rules of the school. Gambling is not permitted but for any hearing to lead to expulsion there must be clear evidence that the activity can be idendify a gambling for profit and monotary gain and not a childish game dress up as gambling.

      Investigate, investigate, investigate …. That way everybody knows the facts and the context.

  • 1

    how to formulate a tribunal for a learner hearing,who constitutes the tribunal and what are the important things that must be included in the letter to the HOD recommending expulsion of the learner.Do you have any sample of the letter?

    LORNA
    Reply

    kindly assist by answering the question

    • admin

      I have added an attachment that is Manual on School Discipline and Code of Conduct.

      The letter that gets addressed to the HOD must show that all procedures have been followed and also that prior to the request for expulsion that the school has done enough to warrant this action.

      The Department of Social Development ESSS must have been involved in the process of assisting vulnerable learners, especially learners with serious behaviour problems.