ACTS

• The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
• The South African Schools Act, No. 84 of 1996 [SASA]
• South African Council for Educators Act 31 of 2000 [SACE]
• Employment of Educators Act 76 of 1998 [EEA]

GUIDELINES

• Personnel Administration Measures [PAM]

Policy development at any level is a dynamic process. This is no exception at the school level where school policy – makers, implementers and stakeholders come face to face with each other. The process of policy development can be a daunting if not approached in a planned and co –ordinated manner.

At school level the School Governing Body (SGB) is responsible for developing school policy. In determining school policy, the SGB, must ensure that its provisions are aligned to the Constitution of the country, National and Provincial policy and Regulations.

A list of policies and documents required for an External Whole School Evaluation (EWE) are:

• SGB Constitution
• Code of Conduct for Learners
• Admission policy
• Language policy
• Religion policy
• Finance policy
• General School Policy
• Maintenance policy
• School Budget policy
• School Assessment policy
• Subject Policies (GET)
• Subject Policies (FET)
• LTSM policy
• School Health, Safety and Security (HSS) Policy
• HIV/AIDS Policy
• LSEN Policy
• Substance Abuse Policy

Please note: although these Exemplars and Checklists below all originated from the Gauteng Department of Education, it is applicable for all the provinces. The documentation is in MS Word format in order for a school to change it and brand it as their own.

• GDE Guidelines for developing policy for public schools [Reference B3 POLICY DEVELOPMENT]
• Overview and merits of the exemplar policies [Reference B3 EXEMPLAR POLICIES]

Also see Chapter 10.2 ADMISSION AND TRANSFERS

The purpose of the admissions policy is to facilitate admissions to the school.

The South African Schools Act mandates the School Governing Body (SGB) to determine the admission policy of a school. The said admissions policy must be aligned to the admission policy published in terms of the National Education Policy Act, 1996.

• GDE Exemplar Admissions Policy [Reference B3 ADMISSION POLICY]
• GDE Checklist Admission Policy [Reference B3 CHECKLIST: ADMISSION POLICY]

The Gauteng Department of Education and Others vs the SGB of Rivonia Primary School court case can be referred to:

• MEC for Education in Gauteng Province and Other v Governing Body of Rivonia Primary School and Others (CCT 135/12) [2013] ZACC 34; 2013 (6) SA 582 (CC); 2013 (12) BCLR 1365 (CC) (3 October 2013)[100%]
  (From South Africa: Constitutional Court; 3 October 2013; 208 KB)
• Governing Body of the Rivonia Primary School and Another v MEC for Education: Gauteng Province and Others (161/12) [2012] ZASCA 194; 2013 (1) SA 632 (SCA); [2013] 1 All SA 633 (SCA) (30 November 2012)[97%]
  (From South Africa: Supreme Court of Appeal; 30 November 2012; 92 KB)
• Governing Body of the Rivonia Primary School and Another v Mec for Education: Gauteng Province and Others (11/08340) [2011] ZAGPJHC 182; [2012] 1 All SA 576 (GSJ); 2012 (5) BCLR 537 (GSJ) (7 December 2011)[85%]
  (From South Africa: South Gauteng High Court, Johannesburg; 7 December 2011; 169 KB)
• Hs Overvaal Judgement Case No 86367/2017 of 2018/01/15

Also see Chapter 4.8 EXCURSIONS  and Chapter 10.7 TRANSPORT OF LEARNERS

The purpose of the policy is to provide educational, psychosocial and personal development of a learner through curricular and extracurricular activities offered by the school including school tours in order for the learner to participate actively in community life.

• GDE Exemplar domestic and international tours policy [Reference B3 TOUR POLICY]
• GDE Checklist: Policy on Domestic and International Tours [Reference B3 CHECKLIST: POLICY ON TOURS]

Also see Chapter 2.10 REGISTERS: PERSONNEL AND LEARNERS

The primary purpose of the learner attendance policy is to:

Provide public schools with standard procedures for recording, managing and monitoring learner attendance.

Inform principals, educators, learners, parents and the SGB of their responsibilities towards promoting punctual and regular attendance at public schools.

• GDE Exemplar Learner Attendance Policy [Reference B3 ATTENDANCE POLICY]
• GDE Checklist: Learner Attendance Policy [Reference B3 CHECKLIST: ATTENDANCE POLICY]

Also see Chapter 10.1 LEARNER MATTERS

The purpose of the policy is to set out the parameters within which learners should behave in order to protect and promote the integrity and security of each learner and all members of the school community.

• GDE Exemplar: Code of Conduct for Learners [Reference B3 CONDUCT FOR LEARNERS]
• GDE Checklist: Code of Conduct for Learners [Reference B3 CHECKLIST: CONDUCT LEARNERS]

Also see Chapter 9.1 LANGUAGE IN EDUCATION POLICY

To promote and develop all official languages.

To establish multilingualism as an approach to language in education.

To identify and determine a Language of Learning and Teaching (LoLT) as well as the approved language/s to be offered to learners at the school.

To ensure that no form of discrimination takes place on the basis of language.

• GDE Exemplar Language Policy [Reference B3 LANGUAGE]
• GDE Checklist: Language Policy [Reference B3 CHECKLIST: LANGUAGE]

High School Ermelo and Another vs the Mpumalanga Department of Education court case can be referred to:

• High School Ermelo and Another v Head of Department Mpumalanga Department of Education and Others (3062/2007) [2007] ZAGPHC 232 (17 October 2007) [66%]
  (From South Africa: High Courts – Gauteng; 17 October 2007; 98 KB)
• Hoërskool Ermelo and Another v Head of Department of Education: Mpumalanga and Others (219/2008) [2009] ZASCA 22; 2009 (3) SA 422 (SCA) ; [2009] 3 All SA 386 (SCA) (27 March 2009) [65%]
  (From South Africa: Supreme Court of Appeal; 27 March 2009; 84 KB)
• High School Ermelo and Another v Head of the Department Mpumalanga Department of Education and Others (30627/07) [2007] ZAGPHC 165; [2008] 1 All SA 139 (T) (29 August 2007) [52%]
  (From South Africa: High Courts – Gauteng; 29 August 2007; 24 KB)
• Hoërschool Ermelo en ‘n Ander v Departement van Onderwys en Ander (3062/07) [2007] ZAGPHC 4 (2 February 2007) [50%]
  (From South Africa: High Courts – Gauteng; no date; 3 KB)
• [PDF] Hoërschool Ermelo en ‘n Ander v Departement van Onderwys en Ander (3062/07) [2007] ZAGPHC 4 (2 February 2007) [47%]
  (From South Africa: High Courts – Gauteng; no date; 1 KB)
• Head of Department : Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another (CCT40/09) [2009] ZACC 32; 2010 (2) SA 415 (CC) ; 2010 (3) BCLR 177 (CC) (14 October 2009) [44%]
  (From South Africa: Constitutional Court; 14 October 2009; 161 KB)

Also see Chapter 4.10 FREEDOM OF CONSCIENCE AND RELIGION

The primary purpose of this religious policy is to:

1. Ensure that there are no discriminatory practices amongst learners and staff in based on religious beliefs and orientation to a particular faith or religion.
2. Promote tolerance and unity among learners and staff through diversity of religious practices and beliefs existing in the school community.
3. Ensure that minority religions in a school are protected and respected and afforded the dignity and status equivalent to the majority religion in the school.
4. Describe the nature and content of the following aspects of religion accommodated in the school:

• Religious observances;
• Freedom of conscience;
• Freedom of religion;
• Religion education;
• Religious instruction;
• Religious holidays; and
• Religious festivals.
• Closure of the school
• Religion and admissions

• GDE Exemplar Policy on Religion in Public Schools [Reference B3 RELIGION]
• GDE Checklist: Policy on Religion in Public Schools [Reference B3 CHECKLIST: RELIGION]

• The OGOD court case can be referred to: http://www.saflii.org.za/za/cases/ZAGPJHC/2017/160.html

Also see Chapter 14.9 SAFETY MEASURES IN SCHOOLS

The overall purpose of the policy is to ensure that the school is safe for all and that effective measures are employed to address issues related to discipline, drugs, dangerous objects, violence, bullying, rape, assault, sexual abuse, theft and robbery.

• GDE Exemplar School Safety Policy [Reference B3 SAFETY]
• GDE Checklist: School Safety Policy Public Schools [Reference B3 CHECKLIST: SAFETY]

Also see Chapter 7.2 GOVERNING BODY AND SMT FUNCTIONS AND RELATIONS

The purpose of the constitution is to set out the parameters within which the school governing body should operate in order to promote the best interest of the school in its quest to provide quality education.

• GDE Exemplar SGB Constitution [Reference B3 SGB CONSTITUTION]
• GDE Checklist: SGB Constitution [Reference B3 CHECKLIST: SGB]

The Harassment Policy Framework is in effect a complementary instrument aimed at the prevention/restriction of harassment in the school environment.

See Chapter 12.22 Educators: Harassment

General School Policy refers to all aspects of management in the school. This policy informs staff members regarding processes and procedures in dealing with matters at school. This ensures a safe and smooth-running school environment.  The general school policy framework is a suggestion of the contents of such a policy. Please note every school’s policy will differ.  Adapt this framework to suit the school’s needs.

• Exemplar Index for General School Policy [Reference C GSP Index]