Abstract:
The South African Schools Act 84 of 1996 ("Schools Act") is generally intended
to provide for a uniform system in respect of the organisation, governance
and funding of schools. It should thus come as no surprise that the terms
‘‘school’’ and ‘‘public school’’ are used extensively in this legislation. The
proper interpretation of these key concepts is obviously of particular importance
for the correct application of the provisions of the Schools Act. This
contribution analyses aspects of the terms ‘‘school’’ and ‘‘public school’’ as
they are used in the Schools Act and, by way of illustration, examines some of
the implications in regard to the important prohibitions of corporal punishment
and unlawful initiation practices in schools.
