Index

  1. INTRODUCTION 3
  2. SBSM ETHOS 3
  3. OUR VISION 3
  4. MISSION STATEMENT 3
  5. OUR AIMS 4
  6. UNACCEPTABLE BEHAVIOUR 4
  7. CODE OF CONDUCT 5
    1. GENERAL PRINCIPLES 5
    2. GENERAL SCHOOL RULES 5
    3. GENERAL BEHAVIOUR 6
      1. Courtesy, language and etiquette 6
      2. In Assembly 7
      3. On the stairs 7
      4. On the driveways, entrance hall, pavements and in the grounds 7
      5. Before school and during breaks 7
      6. Punctuality 7
      7. Cellphones / audio devices / electronic devices 7
    4. Dress Code Female (Girls Uniform) 8
      1. Disciplinary Action: 9
    5. Dress Code Male (Boys Uniform) 10
      1. Disciplinary Action: 11
  8. CLASSIFICATION OF OFFENCES AND CONSEQUENT DISCIPLINARY ACTION 12
    1. VERY SERIOUS MISCONDUCT (“Zero Tolerance Offences”) 12
    2. SERIOUS INFRINGEMENT 15
    3. LESS SERIOUS INFRINGEMENT 16
  9. GENERAL 18
  10. JUDGMENT 18
  11. AMENDMENT PROCEDURE 18
  12. FUNDS COLLECTED 18
  13. GUIDELINES OF PROCEDURES AND RULES TO BE APPLIED AT DISCIPLINARY HEARING 18
    1. DEFINITIONS 18
    2. APPLICATION 19
    3. INSTITUTION OF DISCIPLINARY PROCEEDINGS THAT MAY LEAD TO SUSPENSION OR EXPULSION 20
    4. DISCIPLINARY COMMITTEE 20
    5. PROCEDURE FOR HEARING OF A MISCONDUCT 22
    6. APPEAL AGAINST DECISION OF DISCIPLINARY COMMITTEE 25
  14. ASSESSMENTS AND EXAMINATIONS 26
  15. CLEARANCE CERTIFICATE 27
    1. STUDENT PLEDGE
    2. TO ACHIEVE THIS: 27
      1. MY RESPONSIBILITY TO MYSELF 27
      2. AS REGARDS OTHER LEARNERS 28
      3. AS REGARDS TEACHERS 28
      4. RESPONSIBILITY TOWARDS COMMUNITY 29
  16. ADOPTION & SIGNATORIES 33

INTRODUCTION

“Shree Bharat Sharda Mandir” (S.B.S.M./ “School”) was established in 1936, to preserve, protect and promote the Hindu Value System and to enhance and enrich each new generation. In 1995, with the dawning of a New South Africa, SBSM was transformed to meet new challenges, and to comprehensively meet the community’s broad education need. An Advisory Council was established to allow representation for the School community. It is the Councilors who determine and direct school policy and ensure its implementation.

The Code of Conduct must aim at establishing a disciplined and purposeful school environment dedicated to the maintenance and improvement of the quality of the learning process of the school. Its purpose is to promote positive discipline and exemplary conduct. The underlying philosophy of the Code of Conduct is the mutual respect and upholding of the values required for each and every learner to be able to achieve their true potential.

The School fully supports the principles of fair discipline and the consistent and justified application of appropriate disciplinary measures where necessary. This procedure and code for learners indicates the broad standards of behaviour that are expected of all learners at the School, and encourages a responsible and self-disciplined approach by learners themselves.

Examples of these principles and values are: democracy, non-discrimination and equality; privacy, respect and dignity; non-violence and the freedom and security of a person; due process; and a disciplined and safe school environment which is conducive to teaching and learning these rights all imply concomitant responsibilities. Every learner of the school is legally bound by this code.

SBSM ETHOS

Religion is a way of life for most people. Their lives and attitude are shaped by religious beliefs, practices and their culture. It’s the very fabric of life.

As Hindus we deserve the opportunity to look at life from a Hindu standpoint and to understand the lifestyle of the other people, without fear or prejudice. Therefore, it is important that as learners we gain an awareness of our rich Hindu heritage; the contributions it has made, and to continue to make to our culture, art, music, history and other areas of human experience, and particularly its relevance to our daily lives.

OUR VISION

To promote and maintain service, education and cultural excellence in all walks of life so as to enrich the community in upholding the Hindu values of the Hindu Scriptures and develop future leaders of international standing.

MISSION STATEMENT

Shree Bharat Sharda Mandir is an institution in which all members of the school family recognize the special Hindu character of the school and join in maintaining the Hindu values within an S.B.S.M tradition.

Our pupils, as a result of our holistic approach to education, should be young people who love God, live the Hindu values, are confident in their abilities and competent in their field of study, with a mature sense of social awareness expressed through service (outreach).

We strive to appoint and appropriately remunerate suitably qualified staff and to develop their professional talents and expertise, as individuals and as a team, to ensure a caring and sensitive approach to the pupil within the school community.

To encourage through participation in the extramural programme of the school, both sporting and cultural, loyalty, commitment and teamwork, thereby maintaining the balance in the pupil’s lives between the academic, sporting and cultural components.

To engage parents, old boys, the State, the municipality, businesses and the wider community in the life of the school as partners in the educative process.

To enable each pupil to realize his own academic potential through development of self-esteem and effective study skills, a positive work ethic and sound relationships with their teachers.

S.B.S.M. seeks to produce pupils with the ability to think for themselves, who, thanks to the best possible academic and extramural programmes, are well equipped to move from phase to phase within our school, until matriculation graduation.

OUR AIMS

At all times members of the School community are expected to behave, and act with utmost respect and dress in a way that brings credit to themselves, the School and the wider School community. Amongst others, these goals shall include, without limitation, the following:

  • Regular, punctual and full School attendance
  • Courtesy and respect of others and their views
  • Co-operation and active participation in all cultural, sporting and academic activities in order to uphold the School spirit and values
  • Constructive critical thinking
  • Good sportsmanship and gentlemanly/ladylike conduct
  • Trustworthiness and honesty
  • Adherence to uniform guidelines
  • Tolerance and goodwill to all
  • Reasonable decision-making
  • Diligence in study
  • The pursuit of excellence
  • Respect for all resources
  • Professionalism and confidentiality

UNACCEPTABLE BEHAVIOUR

At no time will it be acceptable for a learner or for any other member of the School community to indulge in any of the following behaviour on the school premises, whether during or outside of School hours or when it is possible to associate the learner or any member of the School, with the School. Immediate suspension and/or expulsion will be an appropriate punishment/consequence, subject to procedural rules set out herein, together with appropriate authority.

  • Substance abuse, drugging, etc. ie. The sale, possession and/or use of any habit forming substances.
  • Sexual activity of any kind, including courting, exhibitionism
  • Bullying, physical and/or mental intimidation, threats and harassment of any kind
  • Vandalism of any property
  • Repeated misbehaviour
  • Drinking alcoholic beverages and smoking
  • Any form of violence, carrying of any knives, instruments and/or objects which can cause bodily harm
  • Insolence, back chatting
  • Swearing, and use of crude and/or abusive language
  • Theft/misappropriation
  • Inappropriate behaviour/ conduct, (at the discretion of the school management and the Advisory Council).

CODE OF CONDUCT

GENERAL PRINCIPLES

SBSM Code of Conduct is based on the following principles;

  • Substance abuse, drugging, etc. ie. The sale, possession and/or use of any habit forming substances.
  • Sexual activity of any kind, including courting, exhibitionism
  • Bullying, physical and/or mental intimidation, threats and harassment of any kind
  • Vandalism of any property
  • Repeated misbehaviour
  • Drinking alcoholic beverages and smoking
  • Any form of violence, carrying of any knives, instruments and/or objects which can cause bodily harm
  • Insolence, back chatting
  • Swearing, and use of crude and/or abusive language
  • Theft/misappropriation
  • Inappropriate behaviour/ conduct, (at the discretion of the school management and the Advisory Council).

GENERAL SCHOOL RULES

All learners must:

  • All learners are expected to support the School by participating in all cultural, sporting and academic activities which maintain and uphold the school spirit.
  • Learners are entitled to be educated in a controlled, academic environment to enable both the learners and the teachers to obtain an optimum learning environment. Both teachers and learners are responsible for creation of the appropriate classroom situation wherein all learners can work without hindrance and pay full attention without any form of disruption.
  • Learners have the right of freedom of speech and to voice their opinion in a mature, tactful and appropriate manner. Likewise, they too have a responsibility to listen to and respect the opinion of others, whether or not they agree.
  • No form of rudeness or disrespect should be displayed to anyone, inside or outside the classroom.
  • Intolerant and prejudicial attitude should be avoided. The rights and dignity of others should always be respected. Derogatory remarks of any sort and/or any form of intimidation, physical or verbal, and emotional abuse will not be tolerated in the classroom.
  • Learners are expected to be honest, honourable and fair, and respectful at all times. All members of the School community and particularly learners are expected to be self disciplined at all times.
  • Equal opportunities in every respect should be accorded to every member of the School community.
  • Learners are expected to have a sense of responsibility of the world we live in, a respect for the environment, particularly the immediate School, its grounds, its equipment, and its furnishings. Respect for another’s property must be displayed at all times.
  • A social conscience should be developed. The welfare of others being the learner’s first concern. The Learner is also expected to show moral courage and to stand up for what they believe, in a respectful way, and to be morally correct.
  • Achievement of others in all areas of School and development activity should be respected and supported at all times.
  • Settlement of disputes by way of violence will not be tolerated in any circumstances.
  • Learners should at all times be well groomed and display behaviour befitting their standing and the School they represent.
  • Learners represent the School at all times, uphold the security of the school, and shall have the right to the security of their person, their property, and their environment.
  • Learners represent the School at all times. Accordingly, they should take care not to embarrass the School in any way whether in or out of uniform.
  • Commitments to the School and its value system should be displayed by learners who are expected to live up to the obligations of the School and its community.
  • All members of the School community are expected to support, assist and co-operate with members of the Disciplinary Committee and/or the management of the School, in enabling them to search their person, property and like, when requested. Failure to comply, shall entitle the School to expel the learner.

GENERAL BEHAVIOUR

It is expected that all learners conduct themselves in a manner befitting the ethos and regulations of the school.

Courtesy, language and etiquette

Courteous behaviour towards all members of staff must be adhered to both within and outside the classroom. Learners are expected to say “Namaste”,/“Vannakum” (Vanacular) “Good Morning “, “Good Afternoon”, ”Good Evening”, Sir / Madam/ Mr. / Mrs.” not only to people known to them such as staff (including all categories of non-teaching staff), but also to guests and strangers. Assist visitors in need of help. This type of expected behaviour involves the use of proper and seemly language in all parts of the school grounds and buildings. Proper procedures of etiquette must be employed at all functions, whenever and wherever necessary.

In Assembly

A ‘five min’ warning bell will ring before commencement of assembly. Classes must proceed to the hall in correct sequence. Learners together with the class teachers must be seated according to the row allocated to them.

On the stairs

The rule of single file and keeping to the left when ascending or right when descending the stairs applies at all times.

On the driveways, entrance hall, pavements and in the grounds

  • Learners should assume accountability for the appearance and state of the driveway and grounds by removing all litter and placing it in the bins provided.
  • Learners may not sit outside on the pavements around the school.

Before school and during breaks

  • A five minute warning bell will ring for learners to stop all activities before school and during breaks. They must then proceed to their classrooms.
  • Learners must be in their classrooms as soon as the second bell rings.
  • Learners are to visit the toilets during break time and before school and not when the bell rings.
  • Lockers must not be used during teaching time.

Punctuality

  • School begins at 07h40 and dismissal times will vary depending on Grade/Extra-mural activities.
  • Changes between lessons must be effected via the fastest route and learners must not take more than three minutes to change classes.
  • General rule for all learners – hands are to be kept out of pockets.
  • Late coming is unacceptable at all times. Official school hours must be strictly adhered to. If a learner repeatedly reports late for school, point 24 of page 19 will be deemed as appropriate punishment.

Cellphones / audio devices / electronic devices

With advanced technology, pupils can access music, the Internet, chat rooms and take pictures – all during lessons.

Cellphone cameras can be used to invade learners’ privacy in change rooms. Many of the learners have been targeted by muggers. Some have also used their phones to store information for tests.

At SBSM, cell phones/Audio devices are banned. These will be confiscated if they are visible. Confiscated items can only be collected after a fine of R200 is paid on collection.

However the school will not be responsible for the loss, by whatever means, of any items confiscated from learners.

Learners who possess a personal communication device, such as pagers and cellular phones, are in violation of this policy and school rules and are subject to the related disciplinary action.

Dress Code Female (Girls Uniform)

All learners must adhere to the provisions given below.

SUMMER:

The blazer is the first outer garment at all times. OPTIONAL

  1. 1st option – blue hounds tooth tunic with navy blue collar and cuffs with school monogram. Belt attached.
  2. 2nd option – Girls allowed to wear short sleeved shirts with a school monogram with culottes.

TUNICS/ MAY NOT BE SHORTER THAN 10CM ABOVE THE KNEE.

Rolling up of culottes/tunic is not allowed. Shirts must be neatly tucked in at all times. Shirts must not be out of garments. Compulsory to wear a tie on a shirt without a school monogram.

WINTER:

The blazer / school winter jacket with a navy blue school V-neck jersey with school monogram is the first outer garment at all times.

Only plain navy blue :

  1. Scarf
  2. Woolen gloves and beanies allowed.

SHIRTS

Plain white long sleeved buttoned down shirts with tie.

T-SHIRTS

White to be worn as inner garments only.

SOCKS

Navy blue /grey

SHOES

Black School shoes plain.

RAINCOATS

Only navy dry Macs may be worn as the outer garment only when it is actually raining, all other times it must be carried in the school bag. The dry Mac may not be worn in place of a blazer/jersey/school winter jacket.

SCROLLS

Must be worn at all times while within the school grounds on the winter jackets or blazers.

TRACKSUITS

Only school tracksuits with monogram, white T – shirts and navy blue short with monogram will be allowed with a pair of comfortable athletic takkies for the entire day when Physical Education tasks take place.

SLACKS

School grey slacks – prescribed school fabric with a regular straight cut fit (both summer and winter).

SCHOOL PULL OVER

Navy Blue School pull over with a school monogram is allowed.

SPORTING ACHIEVEMENTS

Sports colours attained (Area, Zonal, District, Regional, Provincial, National) by a learner via school sports codes will only be allowed for the day when physical education tasks take place. However, it must be worn in conjunction to the school tracksuit.

HAIR

  1. Hair should be kept neatly away from the face. Shoulder length, if longer must be tied up neatly. Loose hair below collar must be tied up neatly.
  2. No hair colourings, highlights, streaks and hair dyes.
  3. No wigs and no extreme hairstyles are allowed. No extensions.
  4. All hair accessories must be in navy/black/white only.
  5. HAIR IS TO LOOK NEAT AT ALL TIMES

NAILS

Nails should be short at all times. No nail polish is allowed. No fake nails.

JEWELLERY:

  • Earrings: one per ear in the centre of the ear lobe. Gold/silver sleepers not bigger than 12mm in diameter or gold/silver ball stud not bigger than 4mm in diameter may be worn.
  • Rings / bracelets: no rings /bracelets / chains may be worn. If learners wear religious chains/emblems they must be concealed.
  • Medic alert bracelets may be worn.
  • No jewellery items may be worn in any body piercing other than the earlobe, i.e. no tongue rings, eyebrow rings, etc.
  • Learners may wear a wrist watch only.
  • “WORN AT OWN RISK”
  • No charm bracelet/broad with bands
  • If a learner has a tattoo, it must be concealed.
  • Only Kajal, and no other make-up whatsoever is allowed.
  • No lip gloss is allowed.
  • Nose rings are allowed – not bigger than 2mm in diameter.

Disciplinary Action:

  • Failure to adhere to the dress code will result in disciplinary action being taken by members of the staff with the presences of the RCL.
  • Confiscation of incorrect items. A receipt will be given only for items of value.
  • Confiscated items may be redeemed on payment of a fine of R100.00 for the items of value and may only be redeemed on the request of the parent. For cellphones/ audio visual devices/electronic devices refer to Pg 9.
  • Will not be allowed to enter classrooms for lessons.
  • Menial tasks at school during breaks.
  • Immediate correction of the infringement, for example: nails to be cut, varnish to be removed, hem to be lengthened.
  • Depending on the violation of the school uniform code, the girl will be sent home and marked absent for the day.
  • Random checks by educators on a regular basis.
  • Clothing that does not conform to school uniform will be confiscated and returned on that day if it’s a first offence. If it’s a second offence it will be confiscated for a term and the parent will pay a R20 fine on collection.

Dress Code Male (Boys Uniform)

SUMMER

The blazer is the first outer garment at all times. Optional

SHIRTS

Open neck white shirts with school monogram. Compulsory to wear a tie on a shirt without a school monogram. Shirts must be neatly tucked in at all times.

T-SHIRTS

white. To be worn as inner garment only.

SLACKS

school grey only. Conservative style as determined by the school.16-18 inches width at the bottom. Turn-ups, no more than 4cm in width are allowed

TIE

navy blue with school monogram as prescribed

WINTER

The blazer/school winter jacket with navy blue school V-neck jersey is the first outer garment at all times.

SHIRTS

Plain white long sleeved buttoned down shirt with tie

SLACKS

as above in summer

SWEATERS

V- neck jersey navy blue with school monogram.

BLAZER/V –V-NECK JERSEY

navy blue with school monogram.

TIE

Navy blue with school monogram

SOCKS

navy blue / grey only.

SHOES

plain black school shoes only.

RAINCOATS

Only navy blue dry Macs may be worn as the outer garment only when it is actually raining. At all other times it must be carried in the school bag. The dry Mac may not be worn in the place of a blazer/jersey/school winter jacket.

SCROLLS

Must be worn at all times while within the school grounds on the winter jackets or blazers.

TRACKSUITS (ACTIVITIES)

Only school tracksuits with monogram, white T – shirts and navy blue short with monogram will be allowed with a pair of comfortable athletic takkies for the entire day when Physical Education tasks take place.

SCHOOL PULL OVER

Navy Blue School pull over with a school monogram is allowed.

SPORTING ACHIEVEMENTS

Sports colours attained (Area, Zonal, District, Regional, Provincial, National) by a learner via school sports codes will only be allowed for the day when physical education tasks take place. However, it must be worn in conjunction to the school tracksuit.

HAIR

  • Hair should be worn above the collar.
  • Ears should remain uncovered and sideburns above or towards the middle of the ear.
  • No beard /moustache.
  • No colourings or any other hair treatment to be used
  • No tint, highlights or streaks or hair dyes.
  • NO SPIKES. All hair styles to be conservative as determined by the school. No mohawk or stripes

NAILS

Nails should be short at all times. No nail polish is allowed. No fake nails.

JEWELLERY

  • Jewellery including any body piercing rings, tongue rings, ear rings, studs etc. ornaments of any kind are not part of the uniform.
  • If a learner wears religious chains / emblems they must be concealed.
  • Plaster covers, toothpick and matchsticks for piercing are not permitted.
  • Medic alert bracelets may be worn.
  • Learners may wear a wrist watch.
  • “WORN AT OWN RISK”
  • If a learner has a tattoo, it must be concealed.
  • No bands or Woodstock is allowed.

Disciplinary Action:

  • Failure to adhere to the dress code will result in disciplinary action being taken by the members of the staff with the presence of the RCL.
  • Jewellery will be confiscated and a receipt will be given only for items of value.
  • Confiscated items may be redeemed on payment of a fine of R100.00 for the items of value and may only be redeemed on the request of the parent.
  • For cellphones/ audio visual devices/electronic devices refer to Pg 9.
  • Menial tasks at school during breaks.
  • Any violation of the school uniform code, the boy will be sent home and marked absent for the day.
  • Random checks by educators on a regular basis.
  • Clothing that does not conform to school uniform will be confiscated and returned on that day if it’s a first offence. If it’s a second offence it will be confiscated for a term and the parent will pay a R20 fine on collection.

Promotion Policy:

Amendment to the Promotion and Retention Policy

Purpose

A learner shall be promoted to the next grade when in the professional judgment of the educator, the Head of Department and the Headmaster, that the learner successfully met the instructional level standards for the grade he / she is currently placed in.

Promotion Criteria

  • Foundation Phase (grade R)

A learner must obtain a minimum of 50% in all three (3) subjects. The promotion mark is 100% of the School Based Assessment (SBA) mark as determined during the year.

  • Foundation Phase (grade 1,2 & 3)

A learner must obtain a minimum of 50% in all four (4) subjects. The promotion mark is 100% of the School Based Assessment (SBA) mark as determined during the year.

  • Intermediate Phase (grade 4,5 & 6)

A learner must obtain a minimum of 50% in all six (6) subjects. The School Based Assessment (SBA) component conducted during the year will be 40% and the final examination component will be 60% of the promotion mark.

  • Senior Phase (grade 7,8 & 9)

A learner must obtain a minimum of 50% in all the subjects. The School Based Assessment (SBA) component conducted during the year will be 40% and the final examination component will be 60% of the promotion mark.

  • FET Phase (grade 10 & 11)

A learner must obtain a minimum of 50% in all seven (7) subjects. The School Based Assessment (SBA) component conducted during the year will be 25% and the final examination component will be 75% of the promotion mark.

Condonation

A condonation of a maximum of two (2) subjects will be applied if a learner requires a maximum of 5% to obtain a pass of 50%. Such a condonation will be applied only once in a particular phase.

Absent during tests / examinations

A learner who is absent or otherwise unable to write any test / examination on medical or other grounds (proof thereof must be provided) will be allowed to write the test / examination on another day, on an alternate assessment instruments.

Parent Contract

PARENT / GUARDIAN DECLARATION AND CONTRACT OF ENROLMENT

The person/s whose details appear in Annexure “A”, declare that he/she/they are the parent/s or legal guardian/s of the Child, whose details appear in Annexure “B”. The rights and obligations contained in this Contract are binding on every person who signs this Contract and must be carried out in order for the Child to be successfully enrolled and retained at the School.

IMPORTANT NOTICE:

By signing or initialling or otherwise entering into this Contract you agree to the terms and conditions contained in this document as well as any terms and conditions contained in the Policies of the School, which form part of this Contract. If there is any provision in this Contract that you do not fully understand, please ask for an explanation before signing.

This Contract contains clauses which appear in similar text style to this notice and which:

  1. may limit the risk or liability of the School or a third party; and/or
  2. may create risk or liability for you; and/or
  3. may require you to indemnify the School or a third party; and/or
  4. serve as an acknowledgement, by you, of a fact.

Your attention is drawn to these clauses because they are important and should be carefully noted. The rights you have in this contract are in addition to and do not affect the statutory rights and remedies you have under consumer protection law. In the event of conflict between this contract and consumer protection law, your statutory consumer protection rights will prevail. Nothing in this document is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations created for you or the School in terms of the Consumer Protection Act.

CONTRACT

DEFINITIONS

In this contract –

  1. “Additional Fees” means those prices for the Additional Goods/Services and additional costs and levies required from time to time and notified to you in advance, to provide adequately for the education and related activities and services provided to your Child, including the costs of extra-curricular activities or special educational needs;
  2. “Additional Goods/Services” means those goods or services that may from time to time be provided to or for the benefit of the Child, as determined by the School from time to time;
  3. “Code of Conduct” means the code of conduct applicable to the School, a copy of which is provided to each Child on entry and is sent to Parents to sign acceptance and agreement to abide by the rules, which may be amended from time to time for legal, safety or other reasons or in order to assist the proper administration of the School;
  4. “Contract” means this document, including all its annexures as well as any Policies;
  5. “Consumer Protection Act” means the Consumer Protection Act, No 68 of 2008;
  6. “Enrolment Fee” means the fee paid by the Parent/s to cover all the administrative costs involved in registering a Child at the School and which may include an initial contribution to the development and capital costs of the School;
  7. “Fee” means any amounts owing to the School for a Child’s enrolment, education and related activities at the School. Such Fees shall be clearly communicated to you in advance and may include, but are not limited to, the –
    1. Enrolment Fee;
    2. School Fees;
    3. Book Fees; and
    4. Additional Fees;
  8. “Head” means the person appointed by the Advisory Council of the School to be responsible for the day-to-day management of the School, including anyone to whom such duties have been delegated;
  9. “Learner” means the child or children (of any age) admitted by the School to be educated, whose details appear in Annexure “B”,
  10. “Parent” or “you” means each person who has signed this Contract as the parent or legal guardian of a Child, whose details appear in Annexure “B”;
  11. “Parties” means the Parent/s and the School;
  12. “Policies” means the rules and principles adopted by the School, as published by the School from time to time, which are used to regulate the day-to-day running of the School;
  13. “School” or “we” means Shree Bharat Sharda Mandir Independent School
  14. “School Fees” means the money payable by the Parent/s to the School in connection with a Child’s education, excluding any Enrolment Fee, Book Fee or Additional Fees;
  15. “Magistrate’s Court Act” means the Magistrates’ Courts Act No 32 of 1944;
  16. “Term” means a division of the academic year and is the time during which the School holds classes, as notified to Parents from time to time.
  17. “Third Party” means the person or entity, other than the Parent or guardian, nominated by the Parent or guardian to be responsible for the payment of any one or more or all of the Fees, provided that nomination will not absolve the Parent or guardian from liability for those said fees.

GENERAL OBLIGATIONS OF THE SCHOOL

  1. The admission and enrolment of learners to the School is at the discretion of the Head who may refuse a learner’s admission to the School without giving reasons therefore and may grant temporary or provisional enrolment to the School subject to such further terms and conditions which the Head may impose. The Head may, at his/her sole discretion, cancel enrolment in accordance with the Code of Conduct.
  2. For the sake of clarity, this Agreement regulates the enrolment and admission of your Child to the School and also regulates the relationship between the School, your Child, yourself and/or a Third Party once your Child is admitted and enrolled with the School. Subject to clause 2.1, nothing in this Agreement should be interpreted as a representation or warranty made by the School that your Child will be entitled to be admitted to and enrolled with the School.
  3. While your Child remains a learner of the School, we undertake to exercise reasonable skill and care in respect of his or her education and welfare. This obligation will apply during school hours and at other times when your Child is permitted to be on School premises or is participating in activities organised by the School.
  4. We shall monitor your Child’s progress at the School and produce regular written reports. We will advise you if we have any concern about your Child’s progress, but we do not undertake to diagnose dyslexia or any other specific conditions: a formal assessment can be arranged either by you or by the School at your expense.
  5. The parties take cognisance of the limitations of the School’s physical environment, facilities and resources which limit its ability to provide high quality education to children with special educational needs (whether due to neurological barriers, hearing impairments, visual barriers, physical barriers, behavioural or emotional barriers or any other medically assessed special need). To the extent that, in the reasonable opinion of the Head, the School cannot, or can no longer, provide adequately for your Child’s special educational needs, the School may cancel this contract in terms of clause 9.3.

DISCLAIMERS

  1. You acknowledge that the School does not take any responsibility for any theft or loss of, or damage or destruction to any property of whatever nature (including School clothing, sporting equipment, books, or any other personal possessions) brought onto the School premises by your Child, unless the School or its staff are in possession of that property and damage occurs to that property either because –
    1. the School or its staff treated the property as their own; or
    2. the School or its staff did not exercise the degree of care, diligence and skill that can reasonably be expected of a person responsible for managing property belonging to another person, when handling, safeguarding or using the property
  2. Unless you expressly notify us in writing to the contrary, you consent to your Child participating, under proper supervision, both in and outside the School, in sports and other activities (including contact sports) which may entail some risk of physical injury, as well to your Child travelling to and participating in School activities and programmes outside the School. Subject to the School taking reasonable care to avoid harm and save for any gross negligence on the part of the School, its employees or agents, the School is not responsible for loss or damage resulting from such sports, activities or programmes and you indemnify the School against any claims in that regard.

PARENT’S GENERAL OBLIGATIONS

  1. You will inform the School in writing, prior to admission and enrolment, of any special educational needs of your Child known to you, of the kind referred to in clause 2.5.
  2. In order to fulfil our obligations, we need your co-operation. Without detracting from any specific obligations contained in this contract, you are required to: fulfil your own obligations under these terms and conditions; encourage your Child in his or her studies, and give appropriate support at home; keep the School informed of matters which affect your Child; maintain a courteous and constructive relationship with School staff; and attend meetings and otherwise keep in touch with the School where your Child’s interests require you to do so.
  3. The Head may in his or her discretion require you to remove or may suspend or expel your Child if your behaviour is in the reasonable opinion of the Head so unreasonable as to affect or likely affect the progress of your Child or those of another child (or other children) at the School or the well-being of the School staff or to bring the School into disrepute.
  4. The Head may, at his/her discretion, require you to remove or may suspend or expel your Child from the School, if he/she considers that your Child’s attendance, progress or behaviour (including behaviour outside school) is seriously unsatisfactory and in the reasonable opinion of the Head the Child’s removal is in the School’s best interests or those of your Child, other children or the wider School community. In this case, you will be asked to remove your Child either immediately and without notice, or at a specified date that is shorter than full term, with or without notice in any form, as is reasonable under the circumstances. The School will not be required to give you a full term’s written notice under these circumstances. Should the Head exercise this right; any prepaid fees will be refunded to you, provided that all text books are handed back to the respected educators.
  5. The School rules set out examples of offences likely to be punishable by suspension or expulsion. These examples are not a closed list and a child may be expelled or suspended for offences which are not included in these examples. In particular, the Head may decide that suspension or expulsion for a lesser offence is justified where there has been previous misbehaviour by the child or the circumstances of the case otherwise justify such action.

POLICIES OF THE SCHOOL

  1. You declare that you have familiarised and understood the policies of the School as adopted and published by the School from time to time and agree to abide by these policies. The School undertakes to make copies of all policies available on request and free of charge, or on the School’s website.
  2. You undertake to comply with all the rules and regulations of the School and acknowledge that it is your responsibility to make yourself familiar with the policies.
  3. You acknowledge that you are responsible for your Child, whether on the property of the School or not, after the notified finishing times of any school activity/event/function and that you will ensure that your Child obeys all school rules and policies where they apply to the Child.

ACCEPTANCE

  1. An offer of a place for a Child at the School is accepted by you signing this contract and paying the enrolment fee.
  2. If, subsequent to entering into this contract, your Child does not take up a place at the School (save for by reason of death or long term hospitalisation) you will not be refunded the enrolment fee. The enrolment fee will be kept by the School as a reasonable cancellation fee for your Child’s withdrawal.

PAYMENT OF FEES

  1. You have absolute responsibility for the payment of any Fees applicable to your Child attending the School. You also acknowledge that School Fees are payable in advance and that facilities exist for monthly payments. If you are unclear about any of your financial obligations, the School will on request provide a written explanation. Any Fee or other moneys owing by you to the School not paid on or before the due date will bear interest at the maximum rate of interest for incidental credit prescribed from time to time in terms of the National Credit Act, 2005 (“NCA”), or at such lesser rate as the School determines from time to time in its sole discretion. Interest not paid to the School by the last day of the month in respect of which such interest accrues will bear further interest at the same rate. In addition to interest the School will be entitled to recover from you default administration costs and collection costs, as contemplated in the NCA, including legal costs on the attorney and client scale and collection commission to the extent permitted by the NCA.
  2. You and/or the Third Party accept the Additional Goods/Services. The School will, as far as reasonably possible, give you notice prior to providing such Additional Goods/Services. You and/or the Third Party expressly agree to the delivery or performance of the Additional Goods/Services and accept liability for payment thereof, in accordance with clause 7.1. You and/or the Third Party acknowledge that the Additional Goods/Services are not unsolicited, within the meaning of the Consumer Protection Act or otherwise and that you have expressly accepted such Additional Goods/Services.
  3. You and/or the Third Party accept that you/it will be liable for the payment of the Additional Goods/Services. Such Additional Goods/Services include payment for stationary, books, school tours, outings or any other Additional Goods/Services required by the School to provide your Child adequately with the educational services in terms of this Agreement. Any such Additional Amounts will be added to the School account.
  4. You confirm that a certificate signed by the bursar, School Director or Head showing the amount owing by you or the Third Party to the School shall be rebuttable proof that the said amount is due, owing and payable. Where the quantum of the School’s claim is thereafter disputed by you or the Third Party, you or the Third Party shall bear the onus of proving that such amount is not owing and/or due and/or payable.
  5. In the event of the Third Party taking responsibility for the payment of the Fees, you by your signature hereto, hereby bind yourself jointly and severally in your personal capacity as surety and co-principal debtor with the Third Party for payment to the School of any amounts which are owing and may at any time become owing to the School by the Third Party.
  6. You also acknowledge that if any instalment on account of a fee which is payable is not paid on the due date, the whole balance of the fee outstanding will immediately become due and payable by you. No indulgence or grant of time by the School will constitute a waiver of its rights under this contract or otherwise.
  7. You are entitled to elect (at enrolment and prior to the beginning of each school year) whether to pay school fees annually, per term or monthly , the total costs of which will be set out in a fee schedule and communicated to you on enrolment and in advance of any increase in school fees.
  8. You authorise the School to affect a debit order against your bank account to effect the monthly payment of fees, if that is the period chosen or if it is subsequently agreed. The details of the account to be debited appear in annexure “A”.
  9. You agree that fees paid in advance will be deposited by the School and held in accordance with the Consumer Protection Act, but that the School will be entitled to treat the interest generated from such funds as income.
  10. The School fees will be reviewed from time to time and may be increased by an amount which the School considers reasonable. We will endeavour to give you at least two calendar months’ notice of any increase in the fees due for a particular term. You have a right to cancel this contract without penalty should the school fees increase to an amount which you no longer wish to pay, provided that you give the School written notice of that intention within 7 (seven) days of the School’s notification of an increase, failing which the cancellation provisions of clause 9.2 will apply, and you will be required to provide a full term’s notice or pay a term’s fees in lieu of notice.

PROTECTION OF PERSONAL INFORMATION

  1. By entering into this contract, and unless you at any time instruct the School expressly and in writing to the contrary, your consent is given for the School to:
    1. collect, store and process credit information about you and any Third Party or divorced or separated Parent responsible for payment of any or all amounts comprised in the Fees;
    2. collect, store and process names, contact details and information relating to yourself and your Child, and to such information being made available to other parents/guardians, staff or responsible persons engaged or authorised by the School for School-related purposes to the extent required for the purpose of managing relationships between the School, parents/guardians, and current learners as well as providing references and communicating with the body of former learners;
    3. include photographs, with or without name, of your Child in School publications, or in press releases to celebrate the School’s or your Child’s activities, achievements or successes;
    4. supply information and a reference in respect of your Child to any educational institution which you propose your Child may attend. We will take care to ensure that all information that is supplied relating to your Child is accurate and any opinion given on his/her ability, aptitude and character is fair. However, the School cannot be liable for any loss you or your Child is alleged to have suffered resulting from opinions reasonably given, or correct statements of fact contained, in any reference or report given by us; and
    5. inform any other school or educational institution to which you propose to send your Child of any outstanding fees.
  2. The School may not distribute or otherwise publish any of your personal information in its possession, unless you give your consent, in writing, to the School that it may do so. Should this be the case, the School may only distribute or otherwise publish the information specified in your consent to the people and for the purpose stated in your written consent.

TERMINATION AND NOTICE REQUIREMENTS

  1. For the avoidance of doubt, this contract will terminate when your Child completes the School’s curriculum and any exit examination we offer at the end of your Child’s schooling, unless otherwise terminated on the terms of this contract. This contract therefore has an indefinite term.
  2. You have the right to cancel this contract at any time, for any reason, provided that you give the School a full term’s notice, in writing, of this intention before the withdrawal of the Child from the School. Alternatively, a full term’s fees (including additional fees pro-rated for the term) is payable to the School in lieu of notice, and as a reasonable cancellation fee taking into account the nature of the educational services, capacity planning and reasonable potential to fill the vacancy. Such amount is due and payable on the first day of the term which would have been the final term if the appropriate notice had been given. Should you have elected to pay annual school fees or should any additional fees have been paid in advance, those fees will be credited in proportion to the terms remaining, less any amount payable in lieu of appropriate notice.
  3. The School also has the right to cancel this contract at any time, for any reason, provided that it gives you a full term’s notice, in writing, of its decision to terminate this contract. At the end of the term in question, you will be required to withdraw the Child from the School.
  4. This is without prejudice to the School’s other remedies: the School may cancel this contract immediately and has no obligation to return any pre-paid fees to you if you are in material breach of any of your obligations and have not (in the case of a breach which is capable of remedy) remedied the material breach within twenty (20) business days of a notice from the School requiring you to remedy the breach, and in addition it may claim payment of all moneys then owing and damages equal to one term’s fees (as calculated at the time of cancellation) taking into account the nature of the services, capacity planning and reasonable potential to fill the vacancy.
  5. For purposes of this contract, a material breach is considered to exist where you or your Child (as the case may be) –
    1. fail to uphold the Policies and/or the Code of Conduct of the School;
    2. fail to pay any Fees when due;
    3. fail to fulfil all legal requirements necessary for your Child to attend school in South Africa, if any of these legal requirements apply to your Child, for example, failure to obtain a valid study permit for your Child if he/she is a foreign citizen; or
    4. act in such a way that you or the Child become seriously and unreasonably uncooperative with the School and in the opinion of the Head, you or your Child’s behaviour negatively affects your Child’s or other children’s progress at the School, the well-being of School staff, or brings the School into disrepute.
    5. fails to meet the requirements of the School’s Promotion Policy.

ALTERNATIVE DISPUTE RESOLUTION

  1. Any dispute concerning or arising out of this Contract must be resolved in terms of this clause. Any party concerned must first seek an amicable resolution by written notice (indicating also that party’s designated representative) to the other or others, whereupon each will within five days of the notice refer the dispute to a designated representative to negotiate and resolve with the other or others within fifteen days.
  2. If negotiation fails, any party may then within ten days of such failure refer the dispute for resolution to the Advisory Council of the School. The decision of the Advisory Council will be final and binding.
  3. This clause will not preclude any party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict or mandamus pending finalisation of this dispute resolution process.
  4. This clause is a separate, divisible agreement from the rest of this Contract and will remain in effect even if the Contract terminates, is nullified, or cancelled for any reason.

GENERAL

  1. You choose the residential address set out in annexure “A” as your chosen legal address for the service of all notices and legal processes and the postal and email addresses for all other communications by the School to you.
  2. You confirm that all the particulars that you may furnish or that you have furnished to the School on this contract or otherwise from time to time are or will be, to the best of your knowledge and belief, full, true and accurate.
  3. You undertake to advise the School in writing of any changes to the details included in this contract.

JURISDICTION AND GOVERNING LAW

The contract between you and the School is governed by South African law. You agree that the School, at its option but without being so obliged, will be entitled to institute any legal proceedings for the recovery of any monies owing by you as a liquidated debt or debts to the School in any magistrate’s court having jurisdiction, in terms of sections 45 and 28 of the Magistrates’ Courts Act.

VARIATIONS

We reserve the right to change or add to these terms and conditions from time to time for legal, safety or other substantive reasons or in order to assist the proper delivery of education at the School. The School will give you at least a term’s notice of any such modifications.

PARTIAL INVALIDITY

Each term and condition contained in this agreement is separate from the other terms and conditions in the sense that if any one is determined to be illegal and unenforceable, it will simply be disregarded and of no force and effect, but the agreement will otherwise remain valid.

It is a condition of attendance at the School that you sign in the space provided. The School Council will consider this declaration and Contract to be null and void if this document is altered in any way.