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Newsletters

2020-04-09
Newsletter 255 - School Development & Improvement Planning 2006-2009 - PART 31

ATTACHMENT 17

METRO CENTRAL EDUCATION DISTRICT
CIRCUIT 6

SOUTH AFRICAN EDUCATION LAW

THE LEGAL FRAMEWORK

SA CONSTITUTION – SUPREME LAW

Bill of Rights: APPLY TO LEARNERS (THEY TOO ARE PEOPLE AND SA CITIZENS)
Equality & Unfair discrimination
Human dignity
Life
Freedom and Security
Privacy
Freedom of religion, belief, opinion
Freedom of expression
Freedom of association
Freedom of movement
Health care, food, water
Children: care, nutrition, protection, shelter
Education: Basic Education

NATIONAL EDUCATION POLICY ACT – ENABLING ACT
Powers of National Minister to Act & make Laws & Regulations
Provincial EPA

SOUTH AFRICAN SCHOOLS ACT – SUBSIDIARY LAW
? Cooperation
? National & Provincial Government
? Governance & Management
? Powers to SGB
? Legal standing
? Act in trust of parents
? Elected body … no recall
? Learner & Parent – based & focused
? Rights & Obligations
? Governance vis-à-vis Professional Management

EMPLOYMENT OF EDUCATORS ACT
? Employment of Educators
? Rights & Obligations
? Service Conditions
? Discipline
? Principal a representative of the Education Department
? Ex-officio member of SGB

CHILDREN’S ACT
? Rights of children
? Loco parentis

PRINCIPLES OF LAW
? No law or rule is absolute … always qualifications or restrictions
? Delegation of authority … explicit or implied by law
? De facto (legal) versus de jura (moral) authority
? Consistent or same treatment does not imply similar treatment – the law take in consideration the context or unique circumstance
? Discretion given by law
o Have you applied your mind
o Will someone else reasonably arrive at the same conclusion
o Is your application consistent with law
? Legal competence
o Legal authority to act
o Vested in position/office the person holds

WHERE DOES YOUR LEGAL AUTHORITY & OBLIGATION COME FROM
SA CONSTITUTION
NATIONAL EDUCATION POLICY ACT
SA SCHOOLS ACT
LOCAL SCHOOL RULES/POLICIES
o Constitution
o Admissions Policy
o Language Policy
o Religious Policy
o Code of Conduct for Learners
o Rights and Obligations … always qualified

Terms and Conditions

Website consultant: David
Email: info@sureweb.co.za
Cell number: 0827772425

1. Introduction
These are the general terms of the relationship between you (website visitor) and us (website owner). The terms cover all use of this website. You agree to the terms by visiting and using this website.
2. Definitions and interpretation
2.1 Definitions. In the agreement:
terms means the terms, consisting of:
these terms of use; and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website); we, us, or our means Purple Tod Consulting, the owner of the website. It includes our officers, agents, employees, owners, co-branders and associates where the terms limit or exclude our liability; you or your means any visitor to this website, including any other person, website, business or agent (including any virtual or robotic agent) associated with the visitor.
2.2 Conflict. If the meaning of any general term conflicts with any other relevant specific term, the specific term will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.
3. Use of this website
3.1 Licence. We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
3.2 Breach. If you breach any of the terms or infringe any other person's rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.
3.3 Framing. You may not frame this website or any of its pages.
3.4 Linking. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property.
3.5 Virtual agents. You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from this website.
4. Your capacity
4.1 Capacity and agreement. You promise that you may visit this website and agree to the terms because you are: are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or are not 18 yet, but have permission from your parent (or legal guardian) to do so.
4.2 Accurate information. You promise that you will give only accurate information to us and this website.
5. Intellectual property
5.1 Ownership. Except as provided to the contrary in the agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
5.2 Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
5.3 Restrictions. Except as expressly permitted under the agreement, the website may not be: modified, distributed, or used to make derivative works; rented, leased, loaned, sold or assigned; decompiled, reverse engineered, or copied; or reproduced, transferred, or distributed.
6. Limits to our liability
6.1 You use this website at your own risk. We provide the website `as is`. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defect, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
6.2 You indemnify us. You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) related to your use of this website.
6.3 Faults. We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
6.4 Direct damages limited. If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
6.5 No liability for indirect damages. We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
6.6 Other website. We are not responsible for anyone else's website.
7. General
7.1 Entire agreement. The terms are the entire agreement between the parties on the subject.
7.2 Changes to website. We may change or stop publishing this website without notice and will not be responsible for any consequences.
7.3 Changes to terms. We may change the terms by placing a notice on this website. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
7.4 Facts about website. If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.
7.5 Waiver. We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
7.6 Severability. Any term that is invalid, illegal or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.
7.7 Law and jurisdiction. South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.

Privacy Policy
1. Collection We collect certain information: when you contact us on our website; from your web browser; from cookies we may send to your computer and from web beacons on our website to track how you use our website and to try and give you a personalised experience; and optional information, that you provide when you upload or download content from our website.
2. Use We may use your information: to send you send administrative messages and email updates to you regarding the website; for marketing purposes; targeted content in certain, specified instances.
3. Disclosure We might disclose your information in the specific circumstances mentioned in this policy.
4. Security Our hosting company will host your website in a secure server environment.
5. Your choices You can turn off cookies in your browser; or You can opt-out of marketing communications with us.
6. Contact us You can contact us with privacy related questions at admin@purpletod.co.za address
7. Audience This policy applies to all visitors to our website (`you` and `your`).
8. Purpose of this policy We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way we collect, store, use, and protect information that can be associated with a specific natural or juristic person and can be used to identify that person (`personal information`). Personal information:
8.1 includes certain information collected when you contact us (see below); and optional information that you voluntarily provide to us (see below).
8.2 excludes information that has been made anonymous so that it does not identify a specific person; permanently de-identified information that does not relate or cannot be traced back to you specifically; and non-personal statistical information collected and compiled by us and information that you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute Personal Information subject to protection under this policy.
9. Acceptance of terms By using this website you are deemed to have read, understood, accepted, and agreed to be bound by these terms.
10. Collection
10.1 On registration. Once you contact us on our website, you will no longer be anonymous to us as you will provide us with personal information.
10.2 Collection from browser. We automatically receive and record internet usage information on server logs from your browser (`usage information`).
10.3 Cookies. When you access our website we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer to collect certain usage information. We use information gathered by cookies to improve the website. Please note that some of our business partners (e.g. advertisers) use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any such cookie or widget is governed by the privacy policy of the company that created it, and not by us. We use Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, show your ads on sites across the Internet. Lead Find and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to this website. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
10.4 Web beacons. Our website may contain electronic image requests (called a `single-pixel gif` or `web beacon` request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
10.5 Recording calls. We will monitor and record telephone calls that you make to our call centre, unless you specifically request us not to.
10.6 Optional details. You may provide information on a voluntary basis (`optional information`). This includes content or product that you decide to upload or download from our website or otherwise use any optional features and functionality of the website.
10.7 Purpose for collection. We may use any optional information provided by you for such purposes as indicated to you at the time you agree to provide such optional information.
11. Consent to collection We will obtain your consent to collect personal information: in accordance with applicable law; and at the time you provide us with any optional information.
12. Use We may send administrative messages and email updates to you regarding the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.
13. Disclosure
13.1 Sharing. We may share your personal information with: other divisions or companies within the group of companies to which we belong; and an affiliate, in which case we will seek to require the affiliates to honour this privacy policy.
13.2 Regulators. If you contact us regarding your experience with using any of our products, we may disclose your personal information as required by law or governmental audit.
13.3 Law enforcement. We may disclose personal information if required: by a subpoena or court order; or to comply with any law.
13.4 Marketing purposes. We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.
13.5 Employees. We may need to disclose personal information to our employees that require the personal information to do their jobs.
13.6 Change of ownership. If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
14. Security of personal information Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
15. Retention of personal information
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless: retention of the record is required or authorised by law; or you have consented to the retention of the record. During the period of retention, we will continue to abide by our non disclosure obligations and will not share or sell your personal information.
16. Limitation We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.
17. Enquiries If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us.

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