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

Chapter 3 : Public Schools

16A. Functions and responsibilities of principal of public school

 

 

 

1)
a) The principal of a public school represents the Head of Department in the governing body when acting in an official capacity as contemplated in sections 23(1)(b) and 24(1)(j).
b) The principal must prepare and submit to the Head of Department an annual report in respect of—
i) the academic performance of that school in relation to minimum outcomes and standards and procedures for assessment determined by the Minister in terms of section 6A; and
ii) the effective use of available resources.
c)
i) The principal of a public school identified by the Head of Department in terms of section 58B must annually, at the beginning of the year, prepare a plan setting out how academic performance at the school will be improved.
ii) The academic performance improvement plan must be—
aa) presented to the Head of Department on a date determined by him or her; and
bb) tabled at a governing body meeting.
iii) The Head of Department may approve the academic performance improvement plan or return it to the principal with such recommendations as may be necessary in the circumstances.
iv) If the Head of Department approves the academic performance improvement plan the principal must, by 30 June, report to the Head of Department and the governing body on progress made in implementing that plan.
v) The Head of Department may extend the date contemplated subparagraph (iv) on good cause shown.

 

2) The principal must—
a) in undertaking the professional management of a public school as contemplated in section 16(3), carry out duties which include, but are not limited to—
i) the implementation of all the educational programmes and curriculum activities;
ii) the management of all educators and support staff;
iii) the management of the use of learning support material and other equipment;
iv) the performance of functions delegated to him or her by the Head of Department in terms of this Act;
v) the safekeeping of all school records; and
vi) the implementation of policy and legislation;
b) attend and participate in all meetings of the governing body;
c) provide the governing body with a report about the professional management relating to the public school;
d) assist the governing body in handling disciplinary matters pertaining to learners;
e) assist the Head of Department in handling disciplinary matters pertaining to educators and support staff employed by the Head of Department;
f) inform the governing body about policy and legislation;
g) provide accurate data to the Head of Department when requested to do so; and
h) assist the governing body with the management of the school's funds, which assistance must include-
i) the provision of information relating to any conditions imposed or directions issued by the Minister, the Member of the Executive Council or the Head of Department in respect of all financial matters of the school contemplated in Chapter 4; and
ii) the giving of advice to the governing body on the financial implications of decisions relating to the financial matters of the school;
i) take all reasonable steps to prevent any financial maladministration or mismanagement by any staff member or by the governing body of the school;
j) 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
k) report any maladministration or mismanagement of financial matters to the governing body of the school and to the Head of Department.

 

3) The principal must assist the governing body in the performance of its functions and responsibilities, but such assistance or participation may not be in conflict with—
a) instructions of the Head of Department;
b) legislation or policy;
c) an obligation that he or she has towards the Head of Department, the Member of the Executive Council or the Minister; or
d) a provision of the Employment of Educators Act, 1998 (Act No. 76 of 1998), and the Personnel Administration Measures determined in terms thereof.

 


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