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Chapter 7

GOVERNANCE AND MANAGEMENT

7.2 GOVERNANCE

7.2.1Legislative and Policy Framework

ACTS

  • South African Schools Act 84 of 1996, Section 18 (Constitution of Governing Body), 34-43 (Funding of Public Schools), 45-50 (Independent Schools) [SASA]
  • Education White Paper 5 on Early Childhood Development [WP5 ECD]

GUIDELINES

  • Guidelines relating to the election of Governing Bodies of Public Schools, Department of Education [NG EGB]
  • School Governing Body Functionality Tool [NG SGBFT]

POLICIES

  • The National Policy on Whole School Evaluation, Government Gazette, Vol.433, No. 22512 of July 2001 [NP WSE]

FreeState

ACTS

  • Free State School Education Act 2 of 2000 [Reference B2 FS EDACT]

GUIDELINES

  • Free State Planning for School Development and Improvement [Reference B2 FSDEV]
    (See Important Notes after 7.2.2 Paragraph r)

Gauteng

REGULATIONS

  • Gauteng Province:  Governing Body Regulations for Public Schools – published under General Notice 786 of 1997 (PG 331, 28 February 1997) as amended by General Notice 1457 of 1997 (PG 354, 6 May 1997) [As amended by General Notice 592 of 2012 (PG 70, 30 March 2012)] [Reference B3 592/2012]

CIRCULAR

  • Planning, Reporting and Accountability Framework for Public Schools (SIP), Circular 09/2016 of 17 October 2016 [Reference B3 09/2016]

KwaZulu-Natal

CIRCULAR

  • KZN Circular No 31 of 2009, dated 24 March 2009: Application for Liquor and occasional Permits [Reference B4 31/2009]
  • KZN Provincial Notice 119 of 2017, Notice relating to election of members of governing bodies for public ordinary schools (excluding schools for learners with special education needs) [Reference B4 119/2017]
  • KZN Provincial notice 118 of 2017 composition and election of governing bodies of of public schools for learners with special education needs [Reference B4 118/2017]

Mpumalanga

POLICY

  • Mpumalanga Department of Education: Grade R Early Childhood Development Policy, of 2011 [Reference B6 MP ECD]

NorthWest

ACTS

  • North West Schools Education Act 3 of 1998 [Reference B8 NW EDACT 3/1998]

GUIDELINES

  • Regulations relating to the Election and Governance of Governing Bodies of Public Schools – Provincial Notice of 2012  Provincial Gazette 7407 of 25 February 2015 [Reference B8 ESGB]

NorthernCape

REGULATIONS

  • Notice 35 of 2017 – Regulations for the Elections of and Determination for the Constitution of a School Governing Body (24 Apr. 2017) [Reference B7 35/2017]
  • Notice 166 of 2017 Amendment of the School Governing Body Regulations (27 November 2017) [Rerefence B7 166/2017]

 

GUIDELINES

  • NC Administrative Calendar for School Governors [Reference B7 ADMIN CAL]
  • NC SGB Election Regulations Data Form [Reference B7 SGB ERD]
  • NC SGB Functionality Kit [Reference B7 SGB FKIT]
  • NC SGB Legislative Compliance Activities [Reference B7 SGB LCOMP and Reference B7 SGB ACTIV]

WesternCape

ACTS

  • Western Cape Provincial Schools Education Act [Reference B9 WCPS ED ACT]
    • Also note important additional Aspects of the Western Cape Regulations on Governing Body Elections after 7.2.2 Paragraph r

7.2.2Framework for the Development of School Policy on Governance

  1. Governance or Governing implies:
    • setting the course or giving direction;
    • governance of the school thus implies setting the course for the school as an organisation through objectives, policies, budgets, etc; and
    • checking that the course is maintained through regular reports from the principal, SMT and official SGB committees.
  2. The Stakeholder Groups in School Governance are:
    • the Department of Education;
    • the parents;
    • SGB;
    • the principal and School Management Team (SMT);
    • educators;
    • learners;
    • labour unions; and
    • the wider community.
  3. The Composition of the SGB (SASA Section 23) are:
    • elected members;
    • parents;
    • educators;
    • non-teaching staff;
    • learners (grade 8 and above);
    • ex-officio member (i.e. the principal); and
    • co-opted members. (no voting rights) – The two categories are:
    • up to six additional persons because of their particular expertise (no voting rights); and
    • additional members with voting rights (when a vacancy occurs for an elected parent member of an SGB during the elected period a person may be co-opted for a maximum of 90 days, during which time a by-election must be held).
  4. Additional Categories added to SGBs at Schools for Learners with Special Educational Needs (LSEN) are:
    • representatives of sponsoring bodies, if applicable;
    • representatives of organisations of parents of learners with special education needs, if applicable;
    • representatives of organisations of disabled persons, if applicable;
    • disabled persons, if applicable; and
    • experts in appropriate fields of special needs education.
  5. Sub-committees of the SGB
    Compulsary Committees Optional Committees
    Executive Committee Fundraising Committee
    Finance Committee Sports Committee
    Disciplinary Committee Grounds and School Building Committee
    Interview Committee
    (if posts are to be filled)
    Health and Safety Committee
    A Hostel Committee
    (where applicable)
    Etc
  6. Size of the SGB
    • SASA and / or national policy do not prescribe the size of a SGB, except that the Act determines in Section 23 that the number of parent members must be one more than the combined total of other members with voting rights, and that if the number of parents is smaller, parents must be co-opted with voting rights. The MEC in a province might provide additional directives concerning the number of members in each category.  The following is an example taken from a specific province:
      Number of Members to be elected for each component of the SGB
      School Principal Educators Parents Non-educator staff Learners Total
      Primary School
      <160 learners
      1 1 4 1 0 7
      Primary School
      160 to 719
      learners
      1 2 5 1 0 9
      Primary School
      720 or more
      learners
      1 3 6 1 0 11
      Secondary School
      <630 learners
      1 2 7 1 2 13
      Secondary School
      630 or more
      learners
      1 3 9 1 3 17
      Comprehensive or
      Combined School
      <500 learners
      1 2 7 1 2 13
      Comprehensive or
      Combined School
      500 or more
      learners
      1 3 9 1 3 17
    • In the case of Public Schools for Learners with Special Needs, the MEC of the Province must by notice in the Provincial Gazette, determine the number of members in each category and the manner of election or appointment of such members (SASA Section 24).
      The following table is an example taken from a province:

      Schools for LSENNumber of Members to be elected for each component of the SGB
      School Principal Educator Parents Non-educator staff Learners or Care Workers Sponsoring Body Total
      Primary School
      <150 learners
      1 2 6 1 0 1 11
      Primary School >150 learners 1 3 7 1 0 1 13
      Secondary School
      <150 learners
      1 2 7 1 1 1 13
      Secondary School
      >150 learners
      1 3 9 1 2 1 17
      Comprehensive or
      Combined School
      <150
      1 3 9 1 2 1 17
      Comprehensive or
      Combined School
      >150 learners
      1 2 8 1 2 1 15
      Place of Safety 1 1 1 1 1 0 5
    • Free State and Western Cape formulae for the calculation of the number of members of the Governing Body see below in provincial sections.
  7. SGB Constitution
    • The Governing Body of a public school must function in terms of a constitution which complies with minimum requirements determined by the MEC.
    • This constitution must provide for:
      • a meeting of the Governing Body at least once every school term;
      • meetings of the Governing Body with parents, learners, educators and other staff at the school, respectively, at least once a year;
      • recording and keeping of minutes of Governing Body meetings;
      • making available such minutes for inspection by the Head of Department; and
      • rendering a report on its activities to parents, learners, educators and other staff of the school at least once a year.
    • The Governing Body must submit a copy of its constitution to the Head of Department within 90 days of its election.
  8. Financial Matters (Also see Chapter 6)
    • Duties and functions of Governing Bodies relating to school funds and assets
      A Governing Body of a school shall:

      • strive to raise funds including voluntary contributions to the school;
      • establish a school fund and administer it;
      • pay all money received by a school, including school fees and voluntary contributions, into the school fund;
      • open and maintain a banking account;
      • apply all money or goods donated or bequeathed in accordance with the conditions of such donation, bequest or trust; and
        • only use the school funds, all proceeds thereof and any assets of the school for:
        • educational purposes, at or in connection with the school;
        • educational purposes, at or in connection with another school, by agreement with such other school and with the consent of the Head of the Department;
        • the performance of the duties and functions of the Governing Body; or
        • another educational purpose agreed between the Governing Body and the Head of Department.
    • Duties of Governing Bodies relating to school budget
      A Governing Body of a school shall:

      • establish budget priorities and prepare a budget each year; and
      • present the budget, before it is approved by the Governing Body, to a meeting of parents convened in accordance with Regulation 38 and 39 for consideration and approval by a majority of parents.
    • Duties and functions of Governing Bodies relating to school fees
      A Governing Body of a school may:

      • charge fees at a school in accordance with a resolution adopted by a majority of the parents present at a meeting contemplated in Regulation 50(b) of SASA if such resolution provides for:
        • the amount of fees to be charged; and
        • equitable criteria and procedures for the total, partial or conditional exemption of parents who are unable to pay school fees;
      • enforce by process of law the payment of school fees by parents who are liable to pay such fees.
    • Duties of Governing Bodies relating to financial records and statements
      A Governing Body of a school shall:

      • keep records of funds received and spent by the school and of its assets, liabilities and financial transactions; and
      • as soon as practicable, but not later than three months after the end of each financial year, draw up financial statements for the school which indicate money received, expenditure incurred by the school during the year, and its assets and liabilities at the end of the financial year concerned
    • Duties of Governing Bodies relating to audit or examination of financial records and statements
      A Governing Body of a school shall:

      • ensure that the records and financial statements are audited or examined in terms of SASA;
      • submit to the Head of Department, within six months after the end of each financial year, a copy of the audited annual financial statements; and
      • at the request of an interested person, make available for inspection the records and the audited or examined statements.
  9. Representative Council of Learners (RCL) (Also see Chapter 10.4)
    • The RCL is the official body representing learners in a secondary school (grade 8 and higher).
    • According to Section 11 (1) of the SA Schools Act, all public schools enrolling learners in Grade 8 and higher must establish RCLs.
    • Section 23 (4) of the same Act determines that the RCL should elect learner representatives to serve on the School Governing Body.
    • Composition: The RCL consists of democratically elected learners from each grade (one girl and one boy per grade in a co-educational school), whose duty it is to convey learners’ viewpoints to the school administration, the SGB and the public.
    • The principal should appoint an educator to handle RCL matters and should check that all council members attend and receive training programmes. Possible training modules which can be considered are:
      • roles and functions of RCLs;
      • leadership;
      • planning;
      • developing a constitution;
      • code of conduct;
      • communications; and
      • conflict management.
    • The RCL is the only official voice for learners’ concerns at the school.
  10. School Improvement Plan (SIP) and School Development Plan (SDP)
    • School Improvement Plan (SIP)
      • The executive authority for the professional management of schools is vested in the principal, supported by the School Governing Body (SGB).
      • The principal may delegate to an appointee or nominee from the staff certain functions, including quality management matters, whenever the need arises. Against this background, the principal will be responsible for:
        • carrying out an internal evaluation of the school in line with the requirements of the National Policy and Guidelines on Whole-school Evaluation;
        • co-operating with the evaluation team, especially by providing interviews at appropriate times;
        • This also applies to members of the SGB who may be available during an evaluation.
        • identifying an evaluation co-ordinator to liaise with the evaluation team during a whole-school evaluation exercise;
        • The co-ordinator will participate in the evaluation process by attending evaluation team meetings in order to help the team interpret evidence and to clarify any uncertainties.  The co-ordinator will not be part of decision-making when the evaluation of the school’s performance is made.
        • granting full access to school records, policies, reports and other documents, including those of the SGB, during external evaluations conducted by the supervisory units;
        • producing, in collaboration with the support services and the SGB, a School Improvement Plan in response to recommendations made in the evaluation report within four weeks of receipt of the written evaluation report;
        • Full consultation with all stakeholders must be part of this process.
        • sending the SIP to the District Head for approval and working with professional support service members assigned to the school in order to implement it;
        • implementing the SIP within the stipulated time frames; and
        • informing parents and other stakeholders, such as the SGB, about the intended evaluation and distributing a written summary of the main conclusions and recommendations of the recent evaluation within one week of its arrival at the school.
        • Where appropriate, principals should follow this by disseminating information in other ways within two weeks of receiving the report.
      • Improvement strategies
        • In the case of individual schools, the professional support service must link up with the senior management team, the staff and the SGB in order to support the implementation of the quality improvement strategies recommended by the supervisors and identified in the school’s improvement plan.
        • The professional support service must support schools by helping them to produce a coherent, overall plan of action to address the improvement needs articulated by both the school self-evaluation and the external evaluation report of the supervisors.
        • The professional support service is responsible for retrieving key information from the reports of different schools in a district in order to plan the support and professional development required. This should lead to the provision of an integrated training programme that can be delivered in co-operation with other schools and other role-players, such as teacher centres, colleges of education, technikons, universities, teacher unions and NGOs.
        • School evaluation reports and improvement plans should naturally lead to district, provincial and national improvement plans that address areas needing improvement within specified time frames.
        • In addition, reports will include observations made regarding developmental appraisal strategies, professional growth plans and reports.
          • On the one hand, these reports form the basis for future reviews and serve as an important tool for self-evaluation at all levels within provinces and the country.
          • On the other hand, they will be used to highlight elements of good education practice in schools and those that require attention.
    • School Development Plan
    • School Improvement Plan (SIP)
      The purpose of the School Improvement Plan (SIP) is to improve the capacity of any aspect of the school as decided by school management together with the SGB.  It should focus on the aims and values of the school.

      • The executive authority for the professional management of schools is vested in the principal, supported by the School Governing Body (SGB).
      • The principal may delegate to an appointee or nominee from the staff certain functions, including quality management matters, whenever the need arises. Against this background, the principal will be responsible for:
        • carrying out an internal evaluation of the school in line with the requirements of the National Policy and Guidelines on Whole-school Evaluation: this will include setting up an evaluation team;
        • identifying an evaluation co-ordinator to liaise with the evaluation team during a whole-school evaluation exercise. The co-ordinator will participate in the evaluation process by attending evaluation team meetings in order to help the team interpret evidence and to clarify any uncertainties. The co-ordinator will not be part of decision-making when the evaluation of the school’s performance is made;
        • co-operating with the evaluation team, especially by providing interviews at appropriate times.
          This also applies to members of the SGB;
        • granting full access to school records, policies, reports and other documents, including those of the SGB, during external evaluations conducted by the supervisory units;
        • producing, in collaboration with the support services and the SGB, a School Improvement Plan in response to recommendations made in the evaluation report within four weeks of receipt of the written evaluation report;
          Full consultation with all stakeholders must be part of this process.
        • sending the SIP to the District Head for approval and working with professional support service members assigned to the school in order to implement it;
        • implementing the SIP within the stipulated time frames; and
        • informing parents and other stakeholders, such as the SGB, about the intended evaluation and distributing a written summary of the main conclusions and recommendations of the recent evaluation within one week of its arrival at the school.
          Where appropriate, principals should follow this by disseminating information in other ways within two weeks of receiving the report.
      • Improvement strategies
        • In the case of individual schools, the professional support service must link up with the senior management team, the staff and the SGB in order to support the implementation of the quality improvement strategies recommended by the supervisors and identified in the school’s improvement plan.
        • The professional support service must support schools by helping them to produce a coherent, overall plan of action to address the improvement needs articulated by both the school self-evaluation and the external evaluation report of the supervisors.
        • The professional support service is responsible for retrieving key information from the reports of different schools in a district in order to plan the support and professional development required. This should lead to the provision of an integrated training programme that can be delivered in co-operation with other schools and other role-players, such as teacher centres, technikons, universities, teacher unions and NGOs.
        • School evaluation reports and improvement plans should naturally lead to district, provincial and national improvement plans that address areas needing improvement within specified time frames.
        • In addition, reports will include observations made regarding developmental appraisal strategies, professional growth plans and reports.
          • On the one hand, these reports form the basis for future reviews and serve as an important tool for self-evaluation at all levels within provinces and the country.
          • On the other hand, they will be used to highlight elements of good education practice in schools and those that require attention.
      • School Development Plan
        The purpose of the School Development Plan (SDP) is to improve the capacity of a school.  It should focus on the aims and values of the school.

        • The purpose of the School Development Plan is to improve the quality of teaching and learning in the school.
        • It gives direction to the school and community.
        • Some of the reasons why the SDP is useful are that it:
          • helps the school to focus on improving learner progress and achievement;
          • helps the school to achieve its mission and aims;
          • can help the principal manage the curriculum;
          • provides an opportunity for the principal, School Governing Body, staff, learners and parents to participate in the development of the school in a co-ordinated manner;
          • helps the team to focus on common goals;
          • provides learners and educators with learning targets;
          • links staff development to school curriculum development; and
          • provides clear information about strengths, weaknesses and the priorities of the school.
        • What the SDP should contain
          The plan should contain all the important information about the school.  This includes:

          • the school’s vision and mission statement;
          • the school’s aims which should relate to the vision and mission of the school;
          • a situation analysis and description of the context of the school and its community;
          • the school’s priorities, which have been arrived at through a strategic session with all the stakeholders;
          • action plans for the first year of the plan; and
          • the plan should focus on at least the following key areas to enhance whole school development:
            • basic functionality of the school;
            • leadership, management and communication;
            • governance and relationships;
            • quality of teaching and learning and teacher development;
            • curriculum provision and resources;
            • learner achievement;
            • school safety, security and discipline;
            • school infrastructure; and
            • parents and community.
  11. Merger of Public Schools
    • The Member of the Executive Council may merge two or more public schools into a single school.
      Before merging two or more public schools the MEC must:

      • give written notice to the schools in question of the intention to merge them;
      • publish a notice giving reasons for the proposed merger in one or two newspapers in the area of the schools;
      • give the SGBs of the schools and any other interested persons an opportunity to make representations within a period of not less than 90 days from the date of notice;
      • consider such representations; and
      • be satisfied that the employers of staff at the public schools have complied with their obligations in terms of applicable labour law.
    • If one or more of the schools that are to be merged are public schools on private property, the MEC must also:
      • notify the owner of the private property of his or her intention to merge the school in question;
      • consider his or her contractual obligations in terms of the agreement contemplated in SASA, Chapter 3, Section 14;
      • renegotiate his or her obligations in terms of the existing agreement, if necessary; and
      • negotiate a new agreement in terms of Section 14 if the single school is to be situated on private property.
    • The single “merged” school must be regarded as a public school.
    • All assets, liabilities, rights and obligations of the schools that are to be merged must be vested in the single school.
    • The Governing Bodies of the schools that are merged must have a meeting before the merger to constitute a single interim Governing Body comprising all the members of the Governing Bodies concerned. The interim Governing Body must decide on the budget and differences in codes of conduct and school fees, as well as any issue that is relevant to the merger until a new Governing Body is constituted.
    • The Governing Body of a public school to be merged may appeal to the Minister against the decision.
  12. Status of Public Schools
    • Every public school is a juristic person, with legal capacity to perform its functions in terms of the South African Schools Act.
    • The governance of every public school is vested in its Governing Body.
    • A Governing Body stands in a position of trust towards the school.
    • The professional management of a school must be undertaken by the principal under the authority of the Head of Department.
  13. Independent School Matters
    • Establishment of independent school
      • Any person may, at his or her own cost, establish an independent school.
    • Admission age to independent school
      • The admission age of a learner to an independent school for:
        • grade R is age four turning five by 30 June in the year of admission; and
        • grade 1 is age five turning six by 30 June in the year of admission.
      • An independent school may admit a learner who is under-age if good cause is shown and complies with the criteria below. (Good cause means that it can be shown that exceptional circumstances exist which necessitate the admission of an under-age learner because admission would be in his or her best interest and refusal would be detrimental to his or her development.)
      • The Minister may, by regulation, prescribe criteria for the admission to an independent school at an age lower than the admission age of an under-age learner who complies with the criteria and age requirements for different grades at an independent school.
    • Registration of independent school
      • No person may establish or maintain an independent school unless it is registered by the Head of Department.
      • A Head of Department must register an independent school if he or she is satisfied that the standards to be maintained by such schools will not be inferior to the standards in comparable public schools; the admission policy of the school does not discriminate on the grounds of race; and the school complies with the requirements for registration.
    • Subsidies granted to registered independent schools
      • The Minister may determine norms and minimum standards for the granting of subsidies to independent schools after consultation with the Council of Education Ministers and the Financial and Fiscal Commission and with the concurrence of the Minister of Finance.
    • Declaration of independent school as public school
      • The MEC may, with the concurrence of the Member of the Executive council responsible for finance, enter into an agreement with the owner of an independent school in terms whereof such independent school is declared to be a public school.
      • Notice of the change of status must be published in the Provincial Gazette.
    • Duties of the MEC relating to independent schools
      The MEC must determine requirements for:

      • the admission of learners of an independent school to examinations conducted by or under the supervision of the Education Department;
      • the keeping of registers and other documents by an independent school;
      • criteria of eligibility, conditions and manner of payment of any subsidy to an independent school; and
      • any other matter relating to an independent school which must or may be prescribed in terms of
      • SASA.
  14. Early Childhood Development (ECD): Policy, Procedures and allocation of Grade R-sites to Schools
    • Defining Early Childhood Development
      • Early Childhood Development (ECD) refers to a comprehensive approach to policies and programmes for children from birth to admission into Grade 1 with the active participation of their parents and caregivers.
      • Its purpose is to protect the child’s rights to develop his or her full cognitive, emotional, social and physical potential.
      • Consistent with the White Paper 1 on Education and Training (1995) and the Interim Policy for Early Childhood Development (1996), we define Early Childhood Development (ECD) as an umbrella term that applies to the processes by which children from birth to admission into Grade 1 grow and thrive, physically, mentally, emotionally, spiritually, morally and socially.
      • This conveys the importance of an integrated approach to child development and signifies an appreciation of the importance of considering a child’s health, nutrition, education, psycho-social and additional environmental factors within the context of the family and the community. It is consistent with an understanding of the developmental process of the child.
      • Community-based services that meet the needs of infants and young children are vital to ECD and they should include attention to health, nutrition, physical development, curriculum and water and environmental sanitation in homes and communities. This approach promotes and protects the rights of the young to survival, growth and development.
      • Since Early Childhood Development services do not fall neatly into any one government department or level of government or sector, the needs and indivisible rights of the young child span the areas of health, nutrition, a safe environment and psychosocial and cognitive development. This will, therefore, require the Department to put in place an integrated, cross-sectoral approach and plan across government departments and involve civil society organisations, the corporate sector, religious organisations, non-governmental organisations, parents, children and adolescents.
      • In order to meet the challenges that the Department lay out in this White Paper, they shall make every effort to create, find and allocate the resources that are necessary to fund adequately ECD as the first essential step in ensuring the rights of the child.
    • Policy recommendations made in the Final Report of the National ECD Pilot Project.
      • The Grade R should be made compulsory for admission into Grade 1, and its provision should be phased in over a five-year period.
      • A combination of Grade R classes should be offered at primary schools and community-based sites within a new public system of Grade R provision.
      • The Government should be requested to fund the implementation of a public system of Grade R provision, and the following matters will require attention:
        • Provincial ECD budgets should be ring-fenced and ECD should become one of the key programmes of the national and the provincial departments of education.
        • Should the government opt to subsidise ECD salaries then the issue of who is the employer of ECD practitioners should be clarified. Should it be decided that the provincial departments of education would become the employers, it would be important to comply with the Basic Conditions of the Employment Act, which requires that employers provide their staff with contracts and comply with the minimum monthly wage requirements.
        • Furthermore, should the provincial departments of education become the employers of these ECD practitioners, practitioners should be required to register with the South African Council of Educators and be represented at the Education Labour Relations Council.
        • The mechanism created to accredit practitioners should be developed further, particularly the area of elective credits, and should be incorporated into a career path for non-formally trained practitioners.
    • Three models of provision of Grade R and earlier
      The Department of Education proposes the establishment of a national system of Grade R provision that shall comprise of three types, namely:

      • Grade R programmes within the public primary school system;
      • Grade R programmes within community-based sites; and
      • independent provision of Grade R programmes.
    • Grade R and earlier programmes within the public primary school system
      • The Department’s first priority is that all public primary schools should become the sites for the provision of accredited Grade R programmes.
      • With some additional investment in building rehabilitation to accommodate the learning, extra-curricular and safety requirements of the Grade R, they believe that their 23 000 strong primary school system provides wide access and coverage of the country.
      • This will mean that the current state of provision of the Grade R will undergo dramatic change, from a system that is approximately 75 per cent privately funded to one that is approximately 75 per cent publicly funded.
      • In putting forward this proposal, the Department of Education is confident that parents, families and communities will not simply reduce by an equivalent amount the levels of private investment they currently make in ECD, but will instead refocus at least part of their funds on ECD services.
      • Thus, the proposal is that the Grade R will be mostly provided in public schools. Schools will be encouraged to do so through the proposed subsidy mechanism described below.  However, the fact that the Grade R will be subsidised more than is currently the case will encourage School Governing Bodies to provide coverage for earlier grades, but on a private-fee basis, except in the case of children orphaned (e.g. by AIDS), where the proposed subsidy mechanism would be extended as far down the age scale as possible.
      • School Governing Bodies of primary schools that respond effectively to the ECD challenge outlined in this White Paper will be provided with grants-in-aid by Provincial Departments of Education to establish accredited Grade R programmes. These grants will be fully poverty-targeted and the aim is that the children of the poorest 40 per cent of families will receive the highest per capita level of grants-in-aid.
  15. Managing Diversity in Schools (Multi-cultural Schools)
    • Because of demographic changes that are currently happening in South Africa, the composition of the learning population of many schools is changing substantially.  This requires School Management and School Governing Bodies to adapt their approach to the management of the school accordingly.
    • Chapter 7.4 provides comprehensive guidelines in this regard.
  16. Capacity Building
    SASA as amended by the Basic Education Laws Amendment Act in Section 19 (3) determines that the Head of Department may request a Governing Body Association to assist with the development of a Government Body’s capacity to perform its functions and responsibilities.
  17. Membership of a Governing Body Association
    SASA in Section 19 (3) (d) determines that the norms and standards for school funding must include criteria for granting a Governing Body an allocation towards membership of a recognised Governing Body Association.
  18. Code of Conduct
    The MEC must by notice in the Provincial Gazette, determine a code of conduct which the members of a Governing Body must adhere to.  This must be done after consultations with Associations of Governing Bodies in the relevant provinces (SASA Section 18A).

FreeState

Formulae for the calculation of the number of members of the Governing Body

  • At a school:
    • which does not enrol learners in the eighth grade or higher, there must be no learner members and the number of parent members must be reduced by the number of learner members, as set out in the table below, and the total number of members must be reduced accordingly;
    • where no non-educators are employed, the number of parent members, as set out in the table below, must be reduced by one and the total number of members must be reduced accordingly; and
    • with less than three educators, the principal must also represent the educators of the school and the number of parent members, as set out in the table below, must be reduced by one and the total number of members must be reduced accordingly.
  • Under all circumstances, the number of parent members must comprise one more than the combined total of the other members of a Governing Body who have voting rights.
  • Whenever a category which did not exist at the time when a Governing Body was constituted becomes relevant, a by-election must be held to fill such vacancy and to increase the number of parent representatives in accordance to the paragraph directly above.
Categories of members Number of learners at the school
Less than 300 300–900 More than 900
Parents 5 7 9
Learners 1 2 3
Educators 1 2 3
Non-educators 1 1 1
Principal 1 1 1
Total number of members 9 13 17

WesternCape

    • The Electoral Officer must be a principal at another school.
    • Notices of the election meeting must go out by mail 30 days ahead of the meeting, or by handing them to learners 14 days before the meeting, or by using a combination of these two methods.
    • The election of educator, non-educator and learner members must occur before the main election meeting for parent members.
    • Number of members
      • in secondary schools are:
      • 7 parent members;
      • 2 educator members;
      • 1 non-educator member;
      • 2 learners in Grade 8 or above;
      • the principal; and
      • up to 6 co-opted members without voting rights, co-opted for their expertise.
    • in primary schools are:
      • 5 parent members;
      • 2 educator members;
      • 1 non-educator member;
      • the principal; and
      • up to 6 co-opted members without voting rights, co-opted for their expertise.
    • in LSEN schools are:
      • 7 parent members;
      • 2 educator members;
      • 1 non-educator member;
      • 2 learners in grade 8 or above: The representative council of learners must elect these members.
      • one member representing all sponsoring bodies, if applicable: the sponsoring bodies must submit at least three nominations in order of preference to the Member of the Executive Council via the principal of the school for the appointment of this member;
      • one member representing all organisations of parents of learners with special education needs, if applicable: this person shall be appointed by the Member of the Executive Council from a list of three candidates in order of preference via the principal of the school;
      • one member representing all organisations for disabled persons, if applicable: this person shall be appointed by the Member of the Executive Council from a list of three candidates in order of preference via the principal of the school;
      • one disabled person, if applicable: this person shall be appointed by the Member of the Executive council from a list of three candidates in order of preference via the principal of the school;
      • one expert in an appropriate field of special education needs: this person shall be designated by the Head of Department;
      • the principal; and
      • an unspecified number of co-opted members without voting rights, co-opted for their expertise.

NB:   A resolution of the Governing Body is not invalid if, for any reason, any of the members referred to above are not represented on the Governing Body.

  • Office bearers
    • At least a chair, secretary and treasurer;
    • chair must be an elected parent member – other office-bearers’ categories unspecified; and
    • term of office is one year, but may be re-elected on termination of term of office.
  • Disqualification of Members of a Governing Body
    A person shall be ineligible to be elected or appointed as a member of a Governing Body if he or she:

    • has at any time been convicted of an offence for which he / she was sentenced to imprisonment, without the option of a fine, for a period exceeding six months, or if he or she has not yet served his or her full period of imprisonment, unless he or she has received a free pardon or the period of his or her imprisonment has expired at least three years prior to the date of his or her election as a member of such body;
    • is mentally ill and has been so declared by a competent court;
    • is an unrehabilitated insolvent; or
    • in the case of a parent member, does not have a child enrolled as a learner at the school concerned.
  • Term of office of Members of Governing Body
    • The term of office of a member of a Governing Body who is not a learner shall be three years effective from a date determined by the Head of Department, provided that the term of office of a member who is a learner shall be one year and provided further that the Head of Department may at any time remove a member from office for reasons he or she deems to be sufficient.
    • If a person elected as a member of a Governing Body ceases to fall within the category in respect of which he or she was elected as a member he or she ceases to be a member of the Governing Body.
  • Franchise
    • Every parent having one or more learners enrolled at a school, shall be entitled to vote at the election of the parent members of the Governing Body of such school and only such parents will be admitted to the voting hall.
    • Any person who is entitled to vote, shall have one vote in respect of each candidate, with a maximum number of votes equal to the number of members to be elected.
  • Electoral Officer
    • The Head of Department appoints a principal of a school or other officer in writing as the electoral officer to conduct the nomination and election, as the case may be, of parent, educator and non-educator members referred to in measure 2 (1) (a), (b) and (c) to a Governing Body provided that a principal may not act as electoral officer for the nomination or election of members of the Governing Body of the school of which he or she is the principal.
    • The electoral officer may appoint one or more persons to assist at an election.
    • The electoral officer shall preside at any meeting held for the purpose of an election of a Governing Body.
  • Date, time and place of nomination and election meeting of:
    • Parent Members
      • The electoral officer determines a date, time and place for a nomination and election meeting and informs the principal in writing thereof.
      • The election of parent members is preceded by the election of other components of the Governing Body.
      • In the case of a new school, the nomination and election meeting shall be held not later than 30 days after the establishment of such a school.
    • Other members
      • The Member of the Executive Council may allow deviations from the requirement that the election of other components of the Governing Body must be elected before the parent members, to the extent that it is reasonably required in the circumstances of a given case.
  • Casual vacancies in a Governing Body
    A casual vacancy shall occur in a Governing Body if a member:

    • resigns;
    • dies;
    • is absent from three consecutive meetings without the permission of the Governing Body;
    • becomes ineligible as referred to in measures above; or
    • has been removed from office by the HOD.
  • Whenever a casual vacancy occurs in:
    • a Governing Body composed in terms of measures for LSEN schools where the HoD appoints members, the Head of Department shall forthwith appoint an eligible person in the vacancy; and
    • in all other cases, the Governing Body shall fill such a vacancy, by co-option with voting rights for a maximum period of 90 days, during which period the vacancy is to be filled by means of a by-election which follows in all respects the procedures required in a full election.
    • This member’s term of office runs for the unexpired period of the term of office of his or her predecessor.

Also see Chapter 1.3 Developing of Policies