South African Schools Act, 1996 (Act No. 84 of 1996)

Chapter 3 : Public Schools

20. Functions of all governing bodies

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1)Subject to this Act, the governing body of a public school must –

a)promote the best interests of the school and strive to ensure its development through the provision of quality education for all learners at the school;

b)adopt a constitution;

c)develop the mission statement of the school;

d)adopt a code of conduct for learners at the school;

e)support the principal, educators and other staff of the school in the performance of their professional functions;

eA)adhere to any actions taken by the Head of Department in terms of section 16 of the Employment of Educator Act, 1998 (Act No. 76 of 1998), to address the incapacity of a principal or educator to carry out his or her duties effectively;

f)determine times of the school day consistent with any applicable conditions of employment of staff at the school;

g)administer and control the school's property, and buildings and grounds occupied by the school, including school hostels, but the exercise of this power must not in any manner interfere with or otherwise hamper the implementation of a decision made by the Member of the Executive Council or Head of Department in terms of any law or policy;

h)encourage parents, learners, educators and other staff at the school to render voluntary services to the school;

i)recommend to the Head of Department the appointment of educators at the school, subject to the Employment of Educators Act, 1998 (Act No. 76 of 1998), and the Labour Relations Act, 1995 (Act No. 66 of 1995);

j)recommend to the Head of Department the appointment of non-educator staff at the school, subject to the Public Service Act, 1994 (Proclamation No.  103 of 1994), and the Labour Relations Act, 1995 (Act No.  66 of 1995)

jA)make the recommendation contemplated in paragraph (j) within the time frames contemplated in section 6(3)(l) of the Employment of Educators Act, 1998 (Act No. 76 of 1998).

k)at the request of the Head of Department, allow the reasonable use under fair conditions determined by the Head of Department of the facilities of the school for educational programmed not conducted by the school;

l)discharge all other functions imposed upon the governing body by or under this Act; and;

m)discharge other functions consistent with this Act as determined by the Minister by notice in the Government Gazette, or by the Member of the Executive Council by notice in the Provincial Gazette.

 

2)The governing body may allow the reasonable use of the facilities of the school for community, social and school fund-raising purposes, subject to such reasonable and equitable conditions as the governing body may determine, which may include the charging of a fee or tariff which accrues to the school.

 

3)The governing body may join a voluntary association representing governing bodies of public schools.

 

4)Subject to this Act, the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other applicable law, a public school may establish posts for educators and employ educators additional to the establishment determined by the Member of the Executive Council in terms of section 3(1) of the Educators’ Employment Act, 1994,

 

5)Subject to this Act, the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other applicable law, a public school may establish posts for non-educators and employ non-educator staff additional to the establishment determined in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994).

 

6)An educator and a non-educator employed in a post established in terms of subsection (4) or (5) must comply with the requirements set for employment in public schools in terms of this Act, the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other applicable law.

 

7)A public school may only employ an educator in a post established in terms of subsection (4) if such educator is registered as an educator with the South African Council of Educators.

 

8)The staff contemplated in subsections (4) and (5) must be employed in compliance with the basic values and principles referred to in section 195 of the Constitution and the factors to be taken into account when making appointments include but are not limited to -

a)the ability of the candidate;

b)the principle of equity;

c)the need to redress past injustices: and

d)the need for representivity.

 

9)When presenting the annual budget contemplated in section 38, the governing body of a public school must provide sufficient details of any posts envisaged in terms of subsections (4) and (5), including the estimated costs relating to the employment of staff in such posts and the manner in which it is proposed that such costs will be met.

 

10)Despite section 60, the State is not liable for any act or omission by the public school relating to its contractual responsibility as the employer in respect of staff employed in terms of subsections (4) and (5).

 

11)After consultation as contemplated in section 5 of the National Education Policy Act, 1996 (Act No. 27 of 1996), the Minister may determine norms and standards by notice in the Gazette regarding the funds used for the employment of staff referred to in subsections (4) and (5), but such norms and standards may not be interpreted so as to make the State a joint employer of such staff.