ERP BOOKLETS IN THIS SERIES - Popular Education South … booklet... · ERP BOOKLETS IN THIS SERIES 1. 2. 3 ... the South African ... the case of schooling this means that instead

ERP BOOKLETS IN THIS SERIES

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Tel: (011) 717-3076Fax: (011) 717-3029email: [email protected]

Supported by

Foundation for Human

Rights

Save the

Children

Sweden

Education Rights for Learners, Parents and Educators

book

7

.

This booklet is dedicated to all those who

struggled and died for a meaningful

education system in a democratic country. It

is particularly dedicated to the memory of

the following people: Hector Petersen and

the hundreds of students killed during the

student uprising of 1976; Tsietsi Mashinini,

Solomon Mahlangu, Nkgopotse Tiro, Ruth

First, Haroon Patel, Muntu Myeza, Steve

Biko, Philane Ndwandwe, Ashley Kriel,

Sipho Mngomezulu, Richard Turner and

Mohsin Jeenah.

School Governing

Bodies:Rights and

Responsibilities

Mphela Motimele

Editors: Brian Ramadiro and Salim Vally

layout & design by [email protected]

THE STRUGGLE FOR FREE,THE STRUGGLE FOR FREE,

QUALITY EDUCATION QUALITY EDUCATION

CONTINUESCONTINUES

We have attempted to ensure that

the information in these booklets is

accurate up to the time of

publication-June 2005. Policies, laws

and regulations change. Please

contact the ERP for regular updates.

All of these booklets are being

translated into isiZulu, Sesotho and

Afrikaans. The edition on migrant and

refugee rights will be translated into

French and Portuguese as well. Non-

profit organisations are welcome to

reproduce them. Suggestions for

improvements are appreciated.

Please acknowledge the Education

Rights Project if you intend using this

material.

Thanks to the Foundation for Human Rights, Save the Children

Sweden, the Royal Netherlands Embassy and the Swedish

International Development Agency for supporting this initiative.

CONTENTSpage

1. INTRODUCTION 12. WHAT IS SCHOOL GOVERNANCE? 23. WHAT IS A SCHOOL GOVERNING BODY (SGB)? 34. WHO CAN BE ELECTED TO A SCHOOL GOVERNING BODY? 45. MEMBERSHIP OF AN SGB OF A PUBLIC SCHOOL FOR

LEARNERS WITH SPECIAL EDUCATION NEEDS 56. THE OFFICE BEARERS OF A SCHOOL GOVERNING BODY 57. WHAT ARE THE FUNCTIONS OF A SCHOOL GOVERNING

BODY? 78. SGBS AND THE SCHOOL FUND 129. WHAT ARE THE ALLOCATED FUNCTIONS OF THE SCHOOL

GOVERNING BODY? 1410. WHAT IS THE DIFFERENCE BETWEEN SECTION 21 SCHOOLS

AND NON-SECTION 21 SCHOOLS? 1511. CAN THE SCHOOL GOVERNING BODY SUSPEND OR EXPEL A

LEARNER? 1512. WHAT SUPPORT CAN SGBS EXPECT FROM THE DEPARTMENT

OF EDUCATION? 1713. CAN A SCHOOL GOVERNING BODY JOIN AN

ASSOCIATION OF SCHOOL GOVERNING BODIES? 1714. CAN A SCHOOL PAY MEMBERS OF THE SGBS FOR THEIR

SERVICES? 1815. CAN A SCHOOL GOVERNING BODY EMPLOY ADDITIONAL

EDUCATORS? 1816. PROPOSED CHANGES TO THE LAW 1817. WORD LIST

(explanation of italicised words) 2118. USEFUL RESOURCES 24

Education Rights Project

INTRODUCTION

In the past, school governance in South Africa was characterisedby a top-down approach. Educators, learners, parents andcommunities were excluded from making important decisionsabout schools. Principals and inspectors were the main decisionmakers for the schools. The racially based system of educationgave white parents decision-making powers. This was not the casein schools serving black communities. Many communities, though,formed Parent, Teacher, Student Associations (PTSAs). As part ofefforts to make schools democratic, the South African Schools Act(SASA) was passed in 1996. An important provision in the Act wasthe establishment of democratically elected school governingbodies (SGBs).

Two important principles of the South African Schools Act areconcerned with inclusivity and decentralisation.* Inclusivitymeans the participation of parents, educators, non-teaching staff,learners, and other people who are willing and able to make acontribution to the school. Decentralisation means that decisionsought to be made by people who are closest to the situation. Inthe case of schooling this means that instead of the NationalDepartment of Education making all the decisions, many decisionsare made by the Provincial Department of Education, which inturn gives education district officials and individual schoolgoverning bodies the power to make some decisions.

Bringing decision making closer to the people is desirable but thisby itself will not solve all the problems and challenges faced byschool governing bodies. Research has shown that schoolgoverning bodies face many problems despite the fact thatdecisions are made by people who are closest to the situation.School governing bodies are sometimes used by individuals andorganised groups to discriminate against learners.

Some SGBs are not working properly because they are do nothave the necessary skills and they are not sure about their rolesand responsibilities. This mostly happens in poorer communities,

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1* Words that are italicised will be explained at the end of the booklet

where people have few resources and many cannot read andwrite. The situation is made worse by the fact that some of theschools do not get enough money, support and training from thegovernment.

In 2003, the Minister of Education appointed a task team toinvestigate how school governing bodies are working and tomake recommendations about how they can work better. Thisshows that the government realises and accepts that schoolgoverning bodies face serious problems in their day-to-dayworking.

WHAT IS SCHOOL GOVERNANCE?School governance is about creating, implementing, supervisingand evaluating policies and rules, which guide and govern theactions of the school and its members. In other words, schoolgovernance is concerned with the creation of policies for theschool and making sure that the school is run according to the setpolicies. School governance is also about raising money for theschool. Parents or caregivers must form a majority of members ofa school governing body because according to the South AfricanSchools Act they are the ones who have the primary responsibilityfor ensuring that the school is run well.

What is the difference between school governance and schoolmanagement?School management is about the day to day running of theschool. In other words, school management is about theorganisation of the teaching and learning in a school and relatedactivities (e.g. managing staff, detailed planning of thecurriculum, assessing learners and educators). The principaltogether with the School Management Team (SMT) is responsiblefor school management.

While school governance and school management are not thesame, it is important to understand that some of the responsibilitiesof school governance overlap with those of school management.

School Governing Bodies

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School governors and school managers are equally responsible forprotecting the rights of all learners to education, for maintainingdiscipline and for financial management.

It is therefore important that school governors and schoolmanagers work together and respect each other’s areas ofresponsibility. This will not only make their work easier, but it will alsoreduce conflict between the school governors and the schoolmanagers and will benefit the school.

WHAT IS A SCHOOL GOVERNING BODY?A school governing body is a government of the school,established in terms of the South African Schools Act. It ismandated to set policies and rules that govern the school, and tomonitor the implementation of the rules. The SGB gets its mandatefrom the different members (learners, parents, teaching and non-teaching staff) of the school community. These members of theschool community elect the SGB. The elected members of theschool governing body represent the school community.

Once it is put in place, the SGB acts on behalf of the schoolbecause the school is a juristic person. This means that the schoolcan enter into a legal contract and the school governing bodyacts on its behalf. The school governing body can therefore sue orbe sued. The SGB exists independently of its members, whichmeans that even if all members resign, the school governing bodymay be held responsible for all the legal contracts entered into onbehalf of the school.

What are the categories of membership to a School GoverningBody?The South African Schools Act specifies the following threecategories of membership to a school governing body:

· Elected members· The principal in his official capacity (here the membership is

automatic), and· Co-opted members


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WHO CAN BE ELECTED TO A SCHOOLGOVERNING BODY?

The South African School Act states that the following groups ofpeople can be elected to a school governing body of an ordinarypublic school:

1. The parents of learners at the school.2. The staff members who are not educators (for example the

gardener and the secretary).3. The educators.4. The learners who are in grade eight or higher (this means

that only high schools can have learners as members ofthe school governing body). Learners’ representatives onthe school governing body are to be elected by learnersthemselves not appointed by the principal, the educatorsor the parents. Each school is also required to have its ownRepresentative Council of Learners (RCL). For moreinformation on RCLs see appendix A at the end of thebooklet.

Note that a parent who is employed at the school may notrepresent parents – meaning that parents who are employed atthe school can only participate in the school governing body asrepresentatives of educators or members of staff who are noteducators.

Parents must form the majority of members on the schoolgoverning body. The South African Schools Act states that thenumber of parents in any school governing body must be at leasthalf plus one of the total combined number of members withvoting rights. If, for instance, a school governing body is made upof a total of 11 members, then at least six of the members shouldbe parents. In the case of a public school for learners with specialneeds, the South African Schools Act makes participation of otherrepresentatives in the school governing body possible.

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MEMBERSHIP OF AN SGB OF A PUBLICSCHOOL FOR LEARNERS WITH SPECIALEDUCATION NEEDS

In addition to parents of learners, educators at the school, non-teaching members of staff, learners in grade eight or higher, theSouth African School Act makes possible the election or co-optionof the following people in a special school:

1. Representatives of parents of learners with specialeducation needs (voting)

2. Representatives of organisations of disabled persons (nonvoting)

3. Disabled persons (voting)4. Experts in appropriate fields of special needs education.

(non voting)5. Representatives of sponsoring organisations (non voting)

Who can be co-opted to a school governing body?

Anyone who has an interest in education or has specialknowledge or skills that could be of use to the school can be co-opted onto the SGB. Co-opted members of a school governingbody do not have voting rights – meaning that they canparticipate in the activities of the school governing body, but theycannot vote when decisions are made. The co-opted memberscould volunteer to participate in the SGB or they could be invitedto participate.

THE OFFICE BEARERS OF A SCHOOL GOVERNINGBODY

Members of an elected school governing body are required toelect office bearers amongst themselves. The office bearers mustat least include a chairperson, a treasurer and a secretary. Eachschool governing body must elect at least three office bearersspecified above. The members of the school governing body maydecide to have additional office bearers – for example, a vice-chairperson. The school governing body may also establishcommittees, including an executive committee and othercommittees made up of experts (for example, a financialcommittee).


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A voting member of a school governing body must chair allcommittees of the SGB – co-opted members of the schoolgoverning body may not chair committees established by theschool governing body.

Who can be a chairperson of a school governing body?

The South African Schools Act states that only a parent who is notemployed at the school can be a chairperson of a schoolgoverning body. The other members (educators, the principal,non-teaching staff, co-opted members and learners) of the schoolgoverning body are not allowed to hold the position of achairperson of a school governing body.

How long can SGB members serve?

Representatives of parents, educators and non-teaching staff ofthe school may serve on the SGB for a period of not more thanthree years. After their three-year term is complete, they can standfor re-election or they can accept to be co-opted. Unlike theother three categories of membership to the SGB, learnerrepresentatives can only serve on the SGB for a period of one year.

As with the other members of the SGB, learner representatives areallowed by the law to stand for re-election after their one-yearterm is finished. There is no limit on the number of times that aperson can serve on the school governing body, either as anelected member or a co-opted member.

How long can SGB office bearers serve?

All the office bearers of the SGB (Chairperson, Secretary, Treasurerand any additional office bearers) cannot serve for a period ofmore than one year without re-election. The law allows them toseek re-election after one year if they wish to continue as officebearers of the school governing body. The South African SchoolsAct does not put a limit on the number of times that a person canserve as an office bearer of a school governing body.


WHAT ARE THE FUNCTIONS OF A SCHOOLGOVERNING BODY?

The functions of the school governing bodies are divided intoordinary functions, which all school governing bodies mustperform, and allocated functions, which are performed by schoolsthat have been granted permission by the Head of Department(HOD) to perform them. The following are the ordinary functions ofschool governing bodies:

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1. The school governing body is required by the SouthAfrican Schools Act to decide the admission policy of theschool. Such an admission policy cannot unfairlydiscriminate on the basis of sex, ‘race’, religion, languageor social class (wealth, income, profession). The admissionpolicy should not use any means to exclude anylearner(s) from a school, for example, schools are notallowed to test learners for purposes of selecting them foradmission. (See ERP booklet on admission policy).A

dmiss

ion

Polic

y

2. The school governing body mustdecide the language of policy of theschool. Such a language policy mustpromote multilingualism in the schoolas required by the South AfricanConstitution and the educationlanguage policy (See ERP booklet onlanguage policy).

Lang

uage

of P

olic

y

3. The school governing body must establish the religiouspolicy, which is in line with the Constitution and otherrelevant laws of the country. The policy should notunfairly discriminate against any religion or anyone andit should treat all religions equally. Religious observancesmust be fair and they must be done freely andvoluntarily. This means that the school governing body oranybody in the school cannot force or pressure anymember of the school to participate in any religiousobservances (See ERP booklet on religious policy).

Relig

ious

Pol

icy


4. The school governing body must adopt (agree to andaccept) a school code of conduct in consultation withlearners, parents and educators. The code of conductcannot be in opposition to the Constitution or any lawpassed by the national or provincial government, whichprotects the rights of learners, parents or educators. Thismeans, for instance, the school cannot decide that it willpractice corporal punishment or that pregnant learners willnot be allowed to continue with their education.

The aim of the code of conduct is not only to regulate thebehaviour of learners, but also to regulate relations betweenlearners and educators, educators and parents, and betweenlearners and learners in a school. The code of conduct must stateclearly which behaviour is acceptable and which behaviour isunacceptable in the school. It must also state how persons whobreak the rules will be dealt with. The aim of a code of conduct isto create a safe, supportive and productive school environmentand the SGB must be guided by these aims when establishing acode of conduct (See ERP booklet on bullying, corporalpunishment and discipline in schools).

Cod

e of

Con

duct

5. The school governing body must adopt a constitution,which is not in opposition to the Constitution and laws of thecountry. The actions of the school governing body will thenbe governed and guided by this constitution. The SouthAfrican Schools Act states that the constitution of a schoolgoverning body should provide for the following:

a)A meeting of the school governing body that shouldtake place at least once every school term.

b)Meeting of the school governing body with parents,learners, educators and other staff at the school,respectively, at least once a year.

c) Recording and keeping of minutes of school governingbody meetings.

d)Making the minutes available to the Head ofDepartment as and when it is necessary.

e) Reporting to parents, learners, educators and otherstaff of the school on its activities at least once a year.

At a minimum, the constitutions of all school governing bodies shouldinclude all of the above. The South African Schools Act states thatthe school governing body should submit a copy of its constitutionto the Head of Department within 90 days of its election.

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stitu

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6. The governing body must promote the interestsof the school and strive for the development ofthe school. Members of a school governingbody must actively work to improve the schooland avoid any actions that will undermine theschool. For instance, the school governingbody must make sure that the school fund isused correctly and that the school communityis informed about how the school fund is used.

Scho

ol D

evel

opm

ent

7. The school governing body must develop a missionstatement. This means that the school governing bodywith the participation of the school community shouldput in writing what they consider to be the direction, thepurpose and the values of the school. Here the schoolgoverning body should strive to make the missionstatement representative of the views of the schoolcommunity so that the mission statement can hold theschool community together. M

issio

n St

atem

ent

8. The school governingbody must support theprincipal, the educatorsand other staff of theschool in performing theirduties. The schoolgoverning body exists tomake sure that the schoolfunctions properly.

Scho

ol F

unct

ioni

ng

9. The school governing body must decide the times of theschool day. Such times should not be in opposition to thelabour laws and any other relevant law of the country.This means that the school governing body may not forceeducators or any employee of the school to work outsidethe times stated in the labour laws or any relevant laws ofthe country. Should the school governing body want anemployee of the school to work outside working hoursdetermined by the law, then it should negotiate this withthe concerned employee.

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ol D

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10. The school governing body must administer andcontrol the school’s property, buildings and groundsoccupied by the school. This means that the schoolgoverning body must look after these facilities. Unless,the school governing body has been grantedpermission to perform allocated functions it cannotmake physical alterations and additions to the existingschool property. Alterations can only be done by theProvincial Department of Education in consultationwith the school governing body.

Prop

erty

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11. The SGB must encourage parents, learners, educatorsand other staff members of the school to rendervoluntary service to the school. For example, theschool governing body can ask parents to help withthe organisation of fund-raising events for the school orthe school governing body could ask learners toparticipate in fund-raising activities. What is importanthere is that no one should be forced or be pressured toperform any duty for the school.Vo

lunt

ary

Serv

ice

12. The SGB must recommend to the Head of Department theappointment of educators at the school. Therecommendation should comply with the relevant laws.The school governing body interviews candidates for aparticular post in the school and then recommends to theHOD the candidate it considers most suitable for the post.This applies only to the posts that are funded by thegovernment – for additional posts that are funded by theschool governing body, the decision to employ or notemploy a candidate is taken by the school governingbody.

The HOD can either employ a candidate recommendedby the school governing body or reject therecommendation. If s/he decides to reject therecommendation then s/he should refer the selectionprocess back to the school governing body. Then theschool governing body has to restart the process ofinterviewing and selecting a suitable candidate and thenmake another recommendation to the Head ofDepartment.

App

oint

men

t of E

duca

tors


11

13. The SGB must recommend to the Head ofDepartment the appointment of non-educatorstaff at the school. This means that the schoolgoverning body is responsible for interviewingthe candidates for non-teaching posts in theschool and to recommend to the HOD thecandidates they consider suitable for the posts.

App

oint

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Educ

ator

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ff

14. Carry out other duties determined bythe minister in a government gazette.These duties must be consistent withthe South African Schools Act andother laws of the country. The Ministerof Education can add moreresponsibilities to the existingresponsibilities of the school governingbodies.

Mor

e Du

ties

15. Determine the conditions under which schoolfacilities are made available to the community. If theschool governing body intends to allow thecommunity to use the school property (e.g. grounds,classrooms, school hall), then the school governingbody should clearly state the conditions that willapply. For instance, the amount of time that a schoolhall can be used and when it can be used or whatfactors should be considered before permission touse any of the school facilities is granted to anybody.The value of allowing the community to use theschool facilities is that the school will be able tostrengthen ties with the community.Ope

ning

Sch

ool F

acili

ties

to th

e C

omm

unity

THE SGBS AND THE SCHOOL FUND

1. The South African Schools Act states that the SGBs may have tofind additional resources to improve the quality of education.This places a responsibility on the SGB to raise extra money forthe school. The school governing body may organise fund-raising activities including asking for donations from the publicor business people to supplement the money provided by thegovernment and the money raised through school fees.

2. The school governing body must establish a school fund. Anymoney received by the school should be paid into this fund. Themoney should be used for educational purposes at the schoolor to help another school and for the performing the functionsof the school governing body (for example paying for travellingcosts of SGB members while carrying out their SGB functions).This means that money raised by the school governing bodycannot be used for purposes other than the ones stated above.

3. The SGB must open and maintain a bank account on behalf ofthe school. This means that the school governing body willdecide who can withdraw money from the school’s bankaccount and when can money be withdrawn. It also meansthat the school governing body must track all the money thatcomes in and out of the school’s bank account.

In addition, the school governing body has a responsibility ofmaking sure that the financial statements of the school areaudited and to submit audited reports to the HOD within sixmonths after the end of every financial year.

4. The school governing body is required to prepare an annualbudget which shows the estimated income and expenditure ofthe school for the following year. The South African Schools Actstates that the Member of the Executive Council (MEC) shouldprovide school governing bodies with guidelines for preparingthe budget. This means that the SGB can demand the budgetguidelines from the MEC. The majority of the parents must agreewith the budget at a general meeting organised by the school

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governing body. The parents’ agreement with the budget willbe shown by the votes of parents present at the generalmeeting. Parents must be given a minimum of 30 days noticebefore the general meeting is held.

5. The school governing body must call a general meeting ofparents where parents should discuss and decide whether theywant to charge school fees or not. The decision to charge ornot charge school fees is made by vote. If the parents decideto charge school fees then the parents must agree on theamount to be charged. The school governing body must informall parents of their right to apply to pay only part of the schoolfees or to pay nothing at all if they cannot afford to pay. This iswhat is called exemption in the South African Schools Act. Thereare separate regulations which deal with exemptions fromschool fees (See ERP booklet on the cost of schooling).

6. School governing bodies can take parents to court if they do notpay the agreed fees and if they do not qualify for exemptionfrom paying school fees. Before taking any parent to court theSGB must satisfy itself that the school fees were decidedlawfully; the parent/s knew of the right to apply for anexemption and that the school offered to assist the parent toapply for an exemption. The ERP discourages the practice oftaking parents to court. (See ERP booklet on the cost ofschooling).

In addition to the above functions, a school governing body canmake an application to the Head of Department, under section 21of the South African Schools Act, to carry out allocated functions.The schools that are granted permission to perform allocatedfunctions are called section 21 schools (after section 21 of theSouth African Schools Act).

The Head of Department allows the school governing body toperform allocated functions if s/he is convinced that the schoolgoverning body has the skills, the experience and the resources tocarry out the functions. It is up to the school governing body toshow that it has the capacity to carry out allocated functions.

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In other words, the SGB must convince the HOD that it has theability to carry out functions specified as allocated functions. If theHOD decides not to grant permission to a school governing bodyto carry out allocated functions, s/he must give reasons for thatdecision. The school governing body may appeal against thedecision of the Head of Department if s/he decides not to allow itto perform allocated functions. The appeal should be addressedto the Member of the Executive Council.

WHAT ARE THE ALLOCATED FUNCTIONS OFTHE SCHOOL GOVERNING BODIES?

1.To maintain and improve the school’s property and grounds.Here the school governing body could build additionalclassrooms or make any alterations to the existing property ofthe school. The school governing body decides how muchmoney can be used for this purpose and pays whoever isinvolved in the additions or alterations. In cases where the schoolgoverning body has not been granted permission to performallocated functions, the government decides how much moneycan be used for alterations or additions to the school propertyand pays those who are involved.

2.To determine the extra-mural curriculum of the school and thechoice of subject options according to provincial curriculumpolicy.

3.To buy textbooks, educational materials or equipment for theschool. In cases where the school has not been given permissionto perform allocated functions, the government is responsible forbuying textbooks and educational materials for the school.

4.To pay for services to the school. In cases where schoolgoverning bodies do not have permission to pay for services (forexample water, electricity, and removal of rubbish) thegovernment pays for these services.

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WHAT IS THE DIFFERENCE BETWEENSECTION 21 SCHOOLS ANDNON-SECTION 21 SCHOOLS?

Section 21 schools (named after Section 21 of the South AfricanSchools Act) are those that qualify to carry out allocated functionsand non-section 21 are those that do not qualify to performallocated functions. The advantage of section 21 schools overnon-section 21 schools is that section 21 schools have more controlover their budgets, and they can increase the number and type ofsubjects that learners can take at the school.

CAN THE SCHOOL GOVERNING BODYSUSPEND OR EXPEL A LEARNER?

The school governing body can only suspend a learner inconsultation with the HOD for a period of one week in response toan offence that a learner has committed. The law states that it isonly the HOD who can expel a learner from a school. Expulsion ofa learner may be considered in a serious case (for example, if alearner is found guilty of assault). If the HOD decides to expel alearner from school, the learner can appeal to the MEC. Thelearner should be given a fair hearing before s/he can besuspended or expelled from school. A learner charged withcommitting an offence has the right to be represented in adisciplinary hearing (See ERP booklet on school discipline).

Limitations on the functions of the school governing bodies1.A member of a school governing body who is a minor (that is

under the age of 18) cannot enter into contracts on behalf ofthe school governing body. In addition, a member of the SGBwho is a minor cannot vote on issues that result in a legallybinding contract between the SGB and another body ororganisation.

2.Any member of a school governing body who has a personalinterest in a matter discussed at a meeting of the schoolgoverning body, must leave the meeting when the matter isdiscussed and a decision is made. For example, if a member ofan SGB wants to take part in the feeding scheme programmes/he cannot be part of a meeting that discusses suppliers for thescheme.

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When can the functions of a school governing body bewithdrawn?

The Head of Department may withdraw the functions of a schoolgoverning body when the school governing body does not act inthe best interest of the school – e.g. uses the school fund forpersonal gain or steals from the school. The HOD will then firstinform the school governing body of his/her intention to withdrawthe functions of the SGB before s/he actually withdraws thefunctions. The school governing body is given a chance torespond to the Head of Department’s intention to withdraw itsfunctions. The HOD is required by the law to consider the SGB’sresponse before s/he takes any action. In cases of urgency theHead of Department may withdraw the functions of the schoolgoverning body without giving reasons. S/he could give reasonsafter the action has been taken.

For example, when there are serious differences betweenmembers of the school governing body which in the HOD’sjudgement could threaten the lives of some members of the SGB.The school governing body may appeal against the Head ofDepartment’s decision to withdraw its functions if it feels that thedecision is not fair or reasonable. The appeal is made to the MEC.

What happens if a school governing body fails to perform itsfunctions?

If for any reason a school governing body fails to carry out itsfunctions, the HOD must appoint people to perform the functionsof the SGB. The HOD can only appoint people for this purpose forthree months, which can be extended by another three monthsup to a maximum of one year. The South African Schools Act statesthat the HOD must make sure that a new school governing bodyis elected within one year.


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WHAT SUPPORT CAN SGBS EXPECT FROMTHE DEPARTMENT OF EDUCATION?

Section 19 of the South African Schools Act states that theProvincial Department of Education is responsible for providingtraining to the school governing bodies. The Department has aduty to provide the actual training or the resources for the schoolgoverning body to get trained. This means that the schoolgoverning bodies can demand training from the ProvincialDepartment of Education.

The school governing body must take the initiative in identifyingareas in which it needs training (for example financialmanagement or how to chair a meeting). What should a schoolgoverning body do if no training is provided? The SGB canapproach its district office for training or any support the SGB mayneed.

In addition, the Head of Department has a responsibility to makesure that the principal and other officers of the Department ofEducation assist the school governing bodies. This suggests anactive role for the HOD in ensuring that enough support is given tothe school governing bodies – meaning that even if the HOD is notapproached for help by the school governing body, s/he shouldput in place means to support the smooth working of all SGBs.

CAN A SCHOOL GOVERNING BODYJOIN AN ASSOCIATION OF SCHOOLGOVERNING BODIES?

Yes. A school governing body can voluntarily join an associationthat represents school governing bodies. The decision to join avoluntary organisation rests with the school governing body. Aswith all the activities and actions of the school governing body,joining a voluntary association must be done in the best interests ofthe school.

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CAN A SCHOOL PAY MEMBERS OF THE SGBSFOR THEIR SERVICES?

No. The South African Schools Act states that SGB members canonly claim for costs incurred in carrying out their duties. Forexample, if a member of a school governing body travels to ameeting with a district official on behalf of the school governingbody, then that SGB member should be paid money for travelling,but s/he cannot be paid for the time s/he spent in the meeting.

CAN A SCHOOL GOVERNING BODYEMPLOY ADDITIONAL EDUCATORS?

Yes. Additional educators employed by the SGB will be paiddirectly from the school fund. The government will not pay theadditional educators employed by the school governing bodyand cannot be held responsible for their payment.

Can an SGB pay extra money to educators employed by thegovernment?

Yes. The school governing body can pay extra money (forexample, money for extra work done by an educator) toeducators employed by the government provided that the SGBgets permission from the Head of Department to pay extra moneyto the educators. The law requires that extra monies paid toeducators by the SGB be reflected in the financial statement ofthe school.

PROPOSED CHANGES TO THE LAW

The National Department of Education proposes changes to theSouth African Schools Act and the Employment of Educators Act.These changes will have a direct impact on the functions of schoolgoverning bodies. The government is currently considering theproposed changes. Some of the changes are likely to be made inthe first quarter of 2006. The following is a summary of the proposedchanges:


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· At the moment school governing bodies can suspend alearner from school in consultation with the HOD. Theproposed changes require that the HOD agree with theSGB before a learner is suspended. This means that thepower of the SGB to suspend a learner from school will bereduced and that the HOD has a final say in the suspensionof learners.

· The school quintiles (categories), which determineallocation of state funds to schools, will now be decided bythe national Minister of Education. At the moment they aredecided by the provinces. The intention behind thischange is that schools that fall into the same quintile shouldreceive the same amount of funding regardless of theprovince in which they are located. The law might also stopschools that fall into certain quintiles (categories) fromeither charging school fees or will limit the charging ofschool fees.

· The law will make it clearer that it is illegal to force parentswho qualify for exemption to pay school fees. In the caseof those who qualify for partial exemption, the schoolgoverning body can only use the law to recover the partthat the parent owes.

· In cases where a home of a parent is taken to recoveroutstanding school fees, the proposed law makes provisionfor the parent involved to be provided with alternativeaccommodation.

· The law further makes it illegal for a school to excludelearners from certain activities of the school because theyhave not paid compulsory school fees. The Department ofEducation points out that despite the provisions of theSouth African Schools Act, which says that learners cannotbe discriminated against, schools still use illegal means (likerefusing learners who owe school fees to go oneducational trips of the school) to discriminate againstlearners who have not paid compulsory school fees. Theproposed change seeks to tighten the current clauses.


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· School governing bodies will be expected to take intoaccount the effect of exemptions when they work outbudgets. This means that the SGB must first look at thenumber of learners who qualify for exemption and thenumber of those who do not qualify for exemption. Afterthis the SGB must work out a budget showing the amountof money they expect to raise through school fees. Thisamount of money should include learners who do notqualify for exemption and it should also include the portionpayable by those who qualify for partial exemption.

· The laws will also make it clearer that the charging ofregistration fees, administration fees or any fee (exceptcompulsory school fees) is illegal. This is aimed at stoppingthe practice of making parents pay registration or otherfees before their children are considered for admission atcertain schools or before they are given textbooks.

· The law also makes it illegal to charge different compulsoryschool fees based on the fact that learners are doingdifferent subjects. For example learners in a scienceprogramme (which requires more facilities) cannot becharged higher fees than learners in a social scienceprogramme.

· The school governing body will be required to ask forpermission from the HOD before it can dispose of certainschool assets. The aim of this proposed change to the lawis to protect the assets of the school from abuse by schoolgoverning bodies or any member of the school.

· The proposed change to the Employment of Educators Actdeals with the appointment of educators recommendedby the SGB. At present SGBs recommend a candidate forappointment to the HOD, and if the HOD does not agreewith the SGB’s recommendation s/he can ask the SGB torepeat the process of selecting a suitable candidate. SGBsmust now recommend three candidates for appointment.The SGB must indicate the candidates in order ofpreference. The proposed change to the law will make itpossible for the HOD to appoint any educator from thethree top candidates on the list of educatorsrecommended by the SGB.


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WORD LIST(explanations of italicised words)

Adopt – This means to agree to a document and accept it as aguide for action or behaviour.

Allocated functions – These are functions specified in the SouthAfrican Schools Act (SASA) which can be carried out onlyby qualifying SGBs. The school governing bodies have toapply for permission from HOD to perform these functions.

Appeal – This is a formal request for a decision to be changed.Normally the formal request is made to a higher body orperson than the one that made the decision.

Audit – To audit financial statements means to officially examinethe statements to make sure that they are preparedcorrectly. A qualified and independent accountant doesthe examination.

Budget – A financial plan drawn up by the school governing bodystating how much money it intends to raise and how muchmoney it intends to spend.

Code of conduct – Is a document that sets out rules andresponsibilities within which members of the school arerequired to act and what actions will be taken against thosewho break them.

Co-opted Members – Members of the SGB who were not electedto the school governing body and do not have a vote.These members participate in the school governing body byinvitation.

Constitution – A constitution is a document that sets out basic rulesand principles of an organisation. It sets out the aims, howthey will be achieved, how decisions are made and howdisagreements will be resolved.

Decentralisation – to decentralise government or a largeorganisation means to give greater responsibility andauthority to the local departments or local population.


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Exempted – To be exempted from a rule or a responsibility meansthat one is not bound by that rule or that responsibility. In thecase of exemption from school fees it means that those whoqualify for full exemption are not required to pay school feesand those that qualify for partial exemption pay only aportion of the total school fees charged by the school.

Expenditure – This is the money that the SGB spends on the schooland in performing the functions of the SGB.

Financial Year – A financial year is a twelve months period used forreporting about the use of money by a school governingbody or an organisation. It can start in any month of theyear, in the case of the school governing body, SASA statesthat it should start in January of each year.

Financial statement – This is a statement that shows how much wasreceived and how much was used by the school governingbody and what it was used for.

Head of Department (HOD) – In the South African Schools Act theHead of the Department is the head of a provincialDepartment of Education.

Inclusivity – Means that an organisation or a body (in this case aschool governing body) works according to the principle ofnon-discrimination.

Income – This is the money that the SGB receives (includinggovernment subsidies, school fees and money from fundraising activities).

Juristic person – this is a status in law which enables an institutionlike a school to be able to have rights and obligations like anatural person (human being). The school can enter into acontract because it has this legal status – meaning that itcan sue and be sued.

Mandate – If a school governing body has a mandate, it meansthat it has the authority to carry out tasks or policiesbecause it has been voted in for that purpose.


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Member of the Executive Council (MEC) – The MEC is the provincialminister of education and s/he is assisted by the HOD inimplementing the education programmes of the province.

Minutes – An official record of a meeting.

Mission statement – A brief statement that describes the aims andvalues of the school.

Multilingualism – A person is multilingual if s/he is able tocommunicate in more than two languages.

Office bearers – These are persons entrusted with official duties inan organisation or body (in this case a school governingbody). They are often called the executive committee of anorganisation.

Ordinary functions – These are functions that all school governingbodies must perform.

Parent – A parent in this context means a parent, guardian or acaregiver of a learner.

Quintiles – Are five categories into which South African publicschools are grouped for purposes of deciding how muchmoney schools will receive. In general, the ‘poorer’ theschool community the more money the school will receiveand the ‘richer’ the school community the less money it willreceive from the government.

School Management Team – The team is made up of the principal,the deputy principal and the heads of departments in theschool. The team is responsible for day-to-daymanagement of the school.

Suspend – This means that a learner is stopped from attendingschool for a period of time in response to a serious offencethe learner is suspected of having committed.

Task Team – is a group of people appointed or elected to carryout a time-bound activity or activities (in most cases theyare appointed by governments).


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USEFUL CONTACTS

Associations of School Governing Bodies

Government


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1818Federation of Associations ofGoverning Bodies of SouthAfrican Schools

(FEDSAS)National – Tel: (051) 522 6903

National Association of SchoolGoverning BodiesNational – Tel: (011) 403 6131

Provincial Co-ordinatorsEducation ManagementDevelopment and SchoolGovernanceEastern Cape

Tel: (040) 606 4205Private Bag X0032Bisho5608

Free StateTel: (051) 407 4041 or

(051) 4003Swarts Building55 Elizabeth StreetBloemfontein9300

GautengTel: (011) 355 0511 or

(011) 355 0476111 Commissioner StreetJohannesburg2000

KwaZulu-NatalTel: (0358) 874 3594 or

(0341) 32200PO BoxDundee4001

LimpopoTel: (015) 297 0895Private Bag X9489Polokwane0700

MpumalangaTel: (013) 297 633The Oaks BuildingLong StreetMiddelburg1050

North WestTel: (0140) 873 428/9Private Bag X2044Mmabatho

Northern CapeTel: (0152) 970 895Private Bag X5041Kimberley8306

Western CapeTel: (021) 403 6236Private Bag X45Parow7500

National Department of EducationSchool Governance Hotline

(Toll free)0800 202 933

Khanya CollegeTel: (011) 832 2447 or

(011) 834 1609PO Box 5977Johannesburg2000

Management of SchoolsTraining ProgrammeTel: (011) 403 1614Po Box 633Auckland Park2006

Institute of Training andEducation for Capacitybuilding (ITEC)Tel: (043) 743 83338 Park AvenueP.O. Box 549East London5200

Matthew Goniwe School ofLeadership and GovernanceTel: (011) 830-2200Postnet Suite no.161Private Bag X9Melville2109

National Centre for HumanRights Education and Training(NACHRET)Tel: (011) 484 8300Private Bag 2700HoughtonJohannesburg2041

Schools Development Unit(SDU)Tel: (021) 650 3276School of EducationUniversity of Cape Town


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Training Organisations


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APPENDIX A: THE REPRESENTATIVE COUNCILOF LEARNERS (RCL)

1. What is the purpose of a RCL?

Learners are an important part of any school and it is customarythat they are informed and are listened to when a school makesmajor decisions that may affect their education.

Through RCLs learners can make suggestions about the curriculumof the school, about discipline and a code of conduct, and aboutsporting and cultural events of the school.

2. Who can be a member of a RCL?

Any learner who is elected by his or her peers in grade 8 to grade12. RCLs are Not appointed by the principal, educators, parents orthe school governing body.

3. What are the duties of an RCL?

The duties of RCLs are many. They will vary from school to school,depending on what the learners who elect the RCL want the RCLto do.

The most common duties of RCLs include representing learners indisciplinary hearings, representing learners who are threatenedwith exclusion from the school because their parents or caregivershave not paid school fees, and to protect girl learners from sexualharassment and violence.

5. What is the relationship between the RCL and Educators?

RCLs are not created to fight with educators, principals or SchoolGoverning Bodies. They are created to assist educators, principalsand parents to run the school.

This does not mean that RCLs are a tool of educators, parents, orprincipals. RCLs are an independent body in their own right.


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6. RCLs and other learner organisations?

An RCL is the legally sanctioned organisation of students at theschool. This does not mean that any other learner organisationsare not important or that they are illegal.

7. RCLs and democracy

RCLs are often accused of not carrying out their duties and thatthey make decisions without consulting learners.

The solution to this problem is to organise as many learners aspossible to have an RCL that is undemocratic replaced by ademocratic one.

The important point to remember is that often democraticallyelected people are as good or as bad as the people who electedthem. This means that when an RCL calls a meeting learners mustattend the meeting, participate in the meeting (listen to reports,debate the reports and make suggestions).

Documents

ERP BOOKLETS IN THIS SERIES - Popular Education South … booklet... · ERP BOOKLETS IN THIS SERIES 1. 2. 3 ... the South African ... the case of schooling this means that instead