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

Chapter 3 : Public Schools

23. Membership of governing body of ordinary public school



1) Subject to this Act, the membership of the governing body of an ordinary public school comprises –
a) elected members;
b) the principal, in his or her official capacity;
c) co-opted members.


2) Elected members of the governing body shall comprise a member or members of each of the following categories :
a) Parents of learners at the school;
b) educators at the school;
c) members of staff at the school who are not educators; and
d) learners in the eighth grade or higher at the school.


3) A parent who is employed at the school may not represent parents on the governing body in terms of subsection (2)(a).


4) The representative council of learners referred to in section 11(1) must elect the learner or learners referred to in subsection (2)(d).


5) The governing body of an ordinary public school which provides education to learners with special needs must, where practically possible, co-opt a person or persons with expertise regarding the special education needs of such learners.


6) A governing body may co-opt a member or members of the community to assist it in discharging its functions.


7) The governing body of a public school contemplated in section 14 may co-opt the owner of the property occupied by the school or the nominated representative of such owner.


8) Subject to subsection (10), co-opted members do not have voting rights on the governing body;


9) The number of parent members must comprise one more than the combined total of other members of a governing body who have voting rights.


10) If the number of parents at any stage is not more than the combined total of other members with voting rights, the governing body must temporarily co-opt parents with voting rights.


11) If a parent is co-opted with voting rights as contemplated in subsection (10), the co-option ceases when the vacancy has been filled through a by-election which must be held according to a procedure determined in terms of section 28(d) within 90 days after the vacancy has occurred.


12) If a person elected as a member of a governing body as contemplated in subsection (2) ceases to fall within the category referred to in that subsection in respect of which he or she was elected as a member, he or she ceases to be a member of the governing body.