Education Laws Amendment Act (House of Assembly) 139 of 1993

Education Laws Amendment Act (House of Assembly), 1993 (No. 139 of 1993)

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

Act

• to amend the Education Affairs Act (House of Assembly), 1988, so as to provide for the payment of rates by the State in respect of immovable property owned by state-aided schools;
• to amend the Education Policy Act, 1967 [repealed in 1997], so as to make provision for the recognition of a successor to the Teachers' Federal Council; and
• to provide for matters connected therewith.

(English text signed by the State President.)
(Assented to 1 October 1993.)

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

Amendment of section 31A of Act 70 of 1988, as inserted by section 7 of Act 88 of 1991 and amended by section 4 of Act 39 of 1992 and section 2 of Act 36 of 1993

1. Section 31A of the Education Affairs Act (House of Assembly), 1988, is hereby amended-

(a) by the substitution in subsection (1) for the words preceding paragraph

(a) of the following words:

"As from the date on which a public school is declared to be a state-aided school under section 29(2A) and subject to subsection (5)-"; and

(b) by the addition of the following subsection:

"(5)(a) Notwithstandinf the provisions of subsection (1) the State shall, in respect of the immovable property of a state-aided school, remain liable for the payment of rates which are levied under any law by a local authority on the value of immovable property within its area of jurisdiction.

(b) For the purposes of the Rating of State Property Act, 1984 (Act No. 79 of 1984), a state-aided school shall be deemed to be a governmental institution as defined in section 1(1) of that Act.".

Amendment of section 8B of Act 39 of 1967, as inserted by section 14 of Act 103 of 1986

2. Section 8B of the Education Policy Act, 1967, is hereby amended-

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

"(1) If a body is established by the Federal Council of Teachers' Associations in South Africa and the South African Teachers' Council for Whites established by section 2 of the South African Teachers' Council for Whites Act, 1976 (Act No. 116 of 1976), that body and any successor to that body shall be recognized by the Minister by notice in the Gazette as a juristic person with the object of promoting the prestige of the [white] teaching profession."; and

(b) by the insertion after subsection (1) of the following subsection:

"(1A) Unless it is patently inappropriate in a particular case, any reference to the Teachers' Federal Council or its predecessors in any law, contract, statutory register or record, or other document, shall, with effect from the date on which the Minister recognizes any successor as contemplated in subsection (1), be deemed to constitute a reference to such successor.".

Short title and commencement

3. (1) This Act shall be called the Education Laws Amendment Act (House of Assembly), 1993.

(2) The provisions of section 1 shall be deemed to have come into operation on 19 June 1991.

Commencement

13 October 1993, unless otherwise indicated