Schools Act

The elected SGB is in charge of the school.

The following legislation must be strictly adhered to when SGBs perform their
various functions at schools:
A. The Constitution of the Republic of South Africa
B. The South African Schools Act
C. Regulations for Safety Measures at Public Schools
D. Regulations for the Exemption of Parents for the payment of School Fees

A school psychologist is regarded as an educator and may be elected as an
educator member of the SGB

Child X lives with his mother who cares for him in all ways, but his school fees
are paid for by his uncle, Mr Y. Mr Y therefore fits the definition of a “parent”
may be elected as a parent member of the SGB

A district official may immediately suspend or terminate the membership of an
SGB member if the SGB member is reported to him/her for breaching the
school’s code of conduct for the SGB.

The SGB must submit its constitution to the head of the provincial education
department within 90 days of its election even if the school has previously
submitted its constitution.

The parent component of the SGB is the most important group. Other members
are there to represent the interests of their constituencies. The SGB is really a
parent body.

An SGB member may not be paid for attending the SGB meeting.

If the school finance policy provides for it, and the school can afford it, SGB
members may be reimbursed (within reason) costs they have actually incurred in
getting to meetings – travel costs.

An experienced SGB chairperson no longer has a child at the school, but the SGB
has co-opted this person for expertise. It is permissible to re-elect this person as
the SGB chairperson.

The SGB may join one or more SGB associations. The SGB decides this at a
quorate meeting.

A primary school may conduct admission tests to determine whether a five-year
child is ready for grade 1

The capacity of a school is determined by the SGB based on the national norms
and standards for school infrastructure. Classrooms paid for out of school funds
do not have to be included in the calculation.

The language policy of a school is determined by the head of the provincial
education department. Consultation is not required.

Every learner in a public ordinary school in all provinces must follow the CAPS
curriculum and assessment policy.

The SGB, after consultation with stakeholders, must adopt a religious
observances policy. Learners and staff may not be forced to participate in school
religious observances.

Once the learner code of conduct has been adopted, every learner must adhere
to it, there can be no exemptions.

The SGB decides when a learner code of conduct offence must be referred to the
SGB disciplinary committee.

The SGB and the principal do not have the authority to expel a learner for a
serious offence in terms of the learner code of conduct.

A principal or delegate may conduct, with police assistance, a random search for
drugs routinely every three months.

A principal or delegate may administer a urine test for illegal drugs to a group of
learners even if there are learners in the group who are not suspected of taking
illegal drugs.

If a school code of conduct states a certain immediate sanction for a specified
code of conduct offence, there is no need for a disciplinary hearing.

A learner disciplinary hearing may be conducted in the manner that employee
disciplinary hearings are conducted. A labour lawyer or HR specialist can be
appointed by the SGB to conduct the disciplinary process and determine the
sanction. The decision of the appointed person is final. An aggrieved learner can
appeal to the HOD of the provincial education department.

When the SGB/disciplinary panel has recommended to the HOD of the PED for
the expulsion of an offending learner, the learner may be suspended until the
HOD approves the expulsion, or the MEC, as relevant, responds to the learner’s
appeal.

The principal, after complaints from learners about an aspect of the uniform
policy, may amend the code of conduct for learners.

In order to change the school uniform, it is correct for the RCL to conduct a
referendum of all learners. If the majority of learners are in favour of the RCL’s
proposal to adopt a gender-neutral uniform – trousers for all genders and
removal of the girl’s tunic as an item of school uniform – the SGB must make the
necessary changes to the uniform rules in the code of conduct for learners.

A teacher who hits a learner with a plastic pipe commits an offence and must be
reported to both the provincial education department and the South African
Council for Educators.

If a parent gives the principal permission to give a learner a beating for serious
misconduct, the principal is permitted to use corporal punishment.

A learner who refuses, for any reasons, to participate in the traditional initiation
activities for membership of a sports team may not be excluded from the team.

The RCL, the only representative body of learners, must be elected only by
learners. Staff and parents may not play any role in the choice.

The SGB is responsible for functions assigned to it in the South African Schools
Act and not day-to-day management of school affairs.

The principal must advise the SGB about all applicable legislation

The principal supervises all staff, including those appointed by the SGB.

The principal must attend all finance meetings and any meeting of SGB
committees that have financial implications.

Before an SGB allows a business such as an after-school centre run by an outside
organisation to operate, the SGB must obtain permission from the MEC.

An SGB, on behalf of the school, may appoint educators and other staff. Such
appointments are governed by South African Labour Law and other applicable
law.

The newly appointed SGB terminated all contracts with employees of the school
because they had not appointed them. Employees were required to re-apply for
their positions and, if appointed, signed new contracts. This action is correct.

The School (SGB) has appointed two teachers who do not have a South African True False

Council for Educators (SACE) Certificate because it cannot afford qualified
teachers. The SGB says it is not required to have SACE certified teachers and that
only the provincial education department teachers must have SACE certificates.

The SGB sent a notice of a disciplinary hearing to a teacher employed by the
provincial education department. The teacher refused to attend the hearing. The
SGB issued a final written warning to the teacher. If the teacher is again defiant
towards the SGB and principal, the SGB can terminate the services of the
teacher.

The SGB voted on the choice of a photocopier service provider in a quorate
meeting. The vote was 8 for the proposed company and 7 against. Later it was
discovered that three of those in favour of the provider were learners. This
decision was not lawful.

The SGB has encouraged staff, parents and learners to wear party political
clothing on Fridays up until the next national elections. This is permissible if the
SGB passes a resolution allowing this.

The school has not managed to collect sufficient school fees to cover the costs of
some of its service contracts. It plans to seek a short-term unsecured loan with
an informal financier. This is permissible, if the SGB authorises it.

At the end of the school year, the school had a surplus of R20 000.00. The SGB
resolved to award each staff member and SGB member a “thank you bonus.”
This is permissible because there was a surplus.

Before the annual budget meeting, parents are permitted to inspect the
proposed budget for the following year.

It is acceptable for a school to stick with a single uniform stockist for a number of
years (say at least 10 years). It is not necessary to invite other suppliers to tender
for the supply of uniform to the school.

The SMT can decide on the times of the school day because that is a professional
management matter.

If the provincial education department (PED) fails to pay a PED employee and all
the correct paperwork has been sent to the district, the SGB may loan (interest
free) the employee an amount up to what should be the employee’s take-home
pay.

If a learner’s fees have not been paid, the learner may be refused admission to
the grade 12 farewell function/school camp even if the learner pays for the
function/camp.

It is possible that some parents/guardians whose children attend a fee-paying
school are not required by law to pay any school fees at all.

If the school (via SGB appointments) employs one or more employees, the
school must register with SARS and the UIF and pay over the correct amount
each month.

SGB work may be done in committees, but they cannot make decisions on behalf
of the SGB.

The SGB secretary and chairperson decide on the SGB meeting agenda.

The SGB must be involved in drawing up the school development plan.

An SGB member may not participate in the part of an SGB meeting when a
decision will be made about appointing a service provider if a family member of
his/hers has put in a quotation to provide the service.

Educator members of the SGB must report on SGB meeting discussions to the
educators on the next business day after an SGB meeting.

When an education district official instructs the principal to do something that is
an SGB function, the only way to deal with this is to institute a legal challenge immediately.

If the MEC or HOD fails to respond to the school’s application for permission to
do the function applied for after three months, the school is permitted to
assume that permission has been given to perform the function applied for.

The principal is responsible for the safekeeping of all school records, including
the minutes of SGB meetings.

If a learner is injured during a school activity, the State is liable for damages.

The SGB may allow the reasonable use of school facilities for social purposes and
may charge a fee for this use. Fees collected must be paid into the school fund.