NN 22/2024

THE RELATIONSHIP WITH THE SCHOOL GOVERNING BODY

The primary focus of an educational institution is to give effect to section 29 of the Constitution of the Republic of South Africa. This Article guarantees everybody the right to basic education. A school consists of different role players, with the common goal to serve learners’ educational requirements. A healthy working relationship between these role players plays an important role in a well-functioning school and is most definitely a relationship in which to invest.

1. Who are these role players?

• Provincial Department of Education;
• The school governing body (SGB);
• The principal; and
• The staff members.

2. The Provincial Department of Education:

The Provincial Department of Education is the employer of departmental employees who, for the purpose of this newsletter, are the principal, educators and administrative staff members.

The conditions of service of employees of the Provincial Department of Education are regulated in the Personnel Administrative Measures (PAM) and the Public Service Act. The relationship between the Provincial Department of Education and its employees is therefore an employer-employee relationship.

3. The Governing Body of a School:

The governing body may appoint extra staff members according to the administrative, curricular and extra-curricular needs of the school. The Basic Conditions of Employment Act will regulate the conditions of service between the governing body as the employer and the SGB staff members as employees. This gives rise to an employer-employee relationship.

4. The relationship between the Principal and the Governing Body:

The relationship between the principal and the governing body should be one of trust and mutual understanding with the common goal of providing high quality teaching and learning to learners.

The principal, as a party to this relationship, has two separate roles to fulfill, namely to be the representative of his/her employer (Department of Education) as well as to act as a member of the Governing Body. The primary responsibility of the principal is the professional management of the school which includes managing departmental employees as well as governing body employees on behalf of both employers. On the other hand, the principal is also required to assist the Governing Body in the governance of the school which includes keeping them informed about legislation, departmental policies or circulars that apply to school governance and to ensure that school policies, as drafted by the governing body, are implemented at the school.

5. The relationship between the School Governing Body and staff members:

The governing body has the right to request the principal, as a member of the governing body, to report on professional management aspects of the school.  The governing body must however refrain from overstepping the boundaries which exist between professional management, which is the responsibility of the principal, and governance, which is the responsibility of the governing body of the school.

Notwithstanding the employer-employee relationship which exists between the governing body and the governing body employees, the relationship between the governing body and departmental staff members, is solely to provide support and input, to promote the interests of learners and to assist in promoting a positive school environment.

6. What is professional management?

In terms of section 16 of the South African Schools Act (SASA) the professional management of a public school must be undertaken by the principal under the authority of the Head of the Provincial Department of Education (HOD). 

Section 16A (2) describes the responsibilities of the principal as:

• The implementation of all the educational programmes and curriculum activities;
• The management of all educators and support staff;
• The management of the use of learning support material and other equipment;
• The performance of functions delegated to him or her by the Head of Department in terms of SASA;
• The safekeeping of all school records;
• The implementation of policy and legislation;
• To attend and participate in all meetings of the governing body;
• To provide the governing body with a report about the professional management of the school;
• To assist the governing body in handling disciplinary matters pertaining to learners;
• To assist the HOD in handling disciplinary matters pertaining to educators and support staff employed by the HOD;
• To inform the governing body about policy and legislation;
• To provide accurate data to the HOD when requested to do so;
• To assist the governing body with the management of the school’s funds;
• To take all reasonable steps to prevent any financial maladministration or mismanagement by any staff member of by the governing body of the school;
• To be a member of a finance committee or delegation of the governing body in order to manage any matter that has financial implications for the school; and
• To report any maladministration or mismanagement of financial matters to the governing body of the school and to the HOD.

7. What is meant by the governance of a public school?

Section 16 of SASA also states that the governance of every public school is vested in its governing body. The most important aspect of governance is the responsibility of the governing body to:

• Adopt a constitution;
• Develop the mission statement of the school;
• Draft and adopt policies to ensure the smooth running of the school, and to ensure that these polices are adhered to; 
• Support the principal, educators and other staff of the school in the performance of their professional functions;
• Determine the times of the school day;
• Administer and control the school’s property;
• Encourage parents, learners, educators and other staff at the school to render voluntary services to the school;
• Recommend the appointment of educators and non-educators at the school to the HOD in accordance with applicable legislation; and
• At the request of the HOD allow the reasonable of the facilities of the school for educational programmes not conducted by the school.

8. The relationship between the Provincial Department of Education and the Governing Body.

The relationship between the Department of Education and a governing body must be cooperative in nature where both parties are equal partners to ensure high quality education for learners.

However, the drive of the Department to amend SASA and the Employment of Educators Act with the Basic Education Laws Amendment Bill (BELA) has the potential to drastically change the dynamic of this relationship. Although some of the amendments will have a positive effect on teaching and learning, there are other proposed amendments which in effect will deprive governing body, parents and educators of their cooperative role in ensuring effective teaching and learning in schools.

Whether these amendments will be approved, remains to be seen. Until then, all parties to a school environment are encouraged to respect each other’s roles, always to stand in a position of trust towards all role players and to carry out their different functions in such a manner that it will promote the best interest of the school.