SASA – Chapter 3 (PUBLIC SCHOOLS) Regulation 25 – Failure by Governing Body to Perform Functions

25. Failure by governing body to perform functions.

(1) If the Head of Department determines on reasonable grounds that a governing body has ceased to perform functions allocated to it in terms of this Act or has failed to perform one or more of such functions, he or she must appoint sufficient persons to perform all such functions or one or more of such functions, as the case may be, for a period not exceeding three months. [Sub-s. (1) substituted by s. 4 (a) of Act No. 57 of 2001.] Wording of Sections

(2) The Head of Department may extend the period referred to in subsection (1), by further periods not exceeding three months each, but the total period may not exceed one year.

(3) If a governing body has ceased to perform its functions, the Head of Department must ensure that a governing body is elected in terms of this Act within a year after the appointment of persons contemplated in subsection (1). [Sub-s. (3) substituted by s. 4 (b) of Act No. 57 of 2001.] Wording of Sections

(4) If a governing body fails to perform any of its functions, the persons contemplated in subsection (1) must build the necessary capacity within the period of their appointment to ensure that the governing body performs its functions.