Education and Training Amendment Act 35 of 1989

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35 of 1989

Education and Training Amendment Act,1989 (No. 35 of 1989)

GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with solid line indicate insertions in existing enactments.

Act

to amend the Education and Training Act, 1979, so as
to define the expression "subsidy";
to provide further for the activities of the Department of Education and Training;
to further regulate the rendering of school health services; and
to empower the Director-General: Education and Training to refuse a person admission to a school in certain circumstances; and
to provide for matters connected therewith.

(English text signed by the acting State President.)
(Assented to 14 March 1989.)

BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-

Amendment of section 1 of Act 90 of 1979, as amended by section 1 of Act 52 of 1980, section 1 of Act 10 of 1981, section 28 of Act 27 of 1981, section 1 of Act 74 of 1984, section 19 of Act 3 of 1986, section 5 of Act 95 of 1987 and section 9 of Act 31 of 1988

1. Section 1 of the Education and Training Act, 1979 (hereinafter referred to as the principal Act), is hereby amended by the insertion after the definition of "State-aided school" of the following definition:

"'subsidy', in relation to any State-aided school, includes the provision of school furniture, equipment, stores, stationery and other assistance in kind for the purposes of education at such school;".

Amendment of section 2 of Act 90 of 1979, as amended by section 20 of Act 3 of 1986

2. Section 2 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

"(2) The Department may organize its activities or any part thereof in regions, areas and inspection circuits determined by the Minister from time to time on the recommendation of the Commission for Administration.".

Amendment of section 3 of Act 90 of 1979

3. Section 3 of the principal Act is hereby amended by the substitution for paragraph (g) of the following paragraph:

"(g) that school health services be introduced in conjunction with the [Department of Health] hospital and health services of a provincial administration.".

Amendment of section 34 of Act 90 of 1979, as substituted by section 12 of Act 74 of 1984

4. Section 34 of the principal Act is hereby amended by the addition of the following proviso:

"Provided that if a council, committee, board or other body, established for a public school in terms of section 7, recommends to the Director-General that the presence at the school of any person who applies for admission as a pupil to the school, will be prejudicial to the interest of the school or the provision of education, the Director-General may, after an inquiry at which the person concerned, and if he is a minor, also his parent, shall be heard, and notwithstanding the provisions of section 37 (1), refuse that person admission to that school.".

Amendment of section 41 of Act 90 of 1979

5. Section 41 of the principal Act is hereby amended-

(a) by the substitution for subsection (1) of the following subsection:

"(1) The Director-General may in consultation with the [Secretary of Health] provincial secretary of a provincial administration cause health services to be rendered at public schools and State-aided schools and hostels attached to such schools."; and

(b) by the substitution in subsection (3) for the words preceding paragraph (a) of the following words:

"(3) The Minister may in consultation with the [Minister of Health] Administrators of the provinces make regulations-".