Education Law & Policy: Schools Act (South Africa)

Provision of Public Schools - Section 12

• The Member of the Executive Council must provide public schools for the education of learners using funds allocated by the provincial legislature.
• Public schools may include hostels for learners' residential accommodation.
• Types of public schools include ordinary public schools, public schools for learners with special education needs, and public schools with a specialized focus on talent (e.g., sport, performing arts, or creative arts).

Status of a Public School - Section 15

• Every public school is a juristic person with legal capacity to perform its functions according to the Act.
• A juristic person is an entity with legal personality, such as a company or organization, which can make limited legal decisions.

Governance and Professional Management of Public Schools - Section 16

• Governance of a public school is vested in its governing body, which must perform functions and obligations prescribed by the Act.
• The governing body stands in a position of trust towards the school.
• The principal, under the authority of the Head of Department, is responsible for the professional management of a public school.

Basic Values and Principles of Public Administration - Section 195 of the Constitution

• Public administration must be governed by democratic values and principles, including:
  • Promoting high professional ethics
  • Efficient, economic, and effective use of resources
  • Development-oriented public administration
  • Impartial, fair, and equitable service delivery
  • Involving the public in policy-making
  • Accountability and transparency
  • Good human-resource management and career-development practices
  • Broad representation of the South African people in public administration

Allocated Functions of Governing Bodies - Section 21

• A governing body may apply to the Head of Department for allocation of functions, including:
  • Maintaining and improving school property
  • Determining extra-mural curriculum and subject options
  • Purchasing textbooks and educational materials
  • Providing adult basic education and training classes

Functions and Responsibilities of the Principal - Section 16A

• The principal represents the Head of Department in the governing body.
• The principal's responsibilities include:
  • Implementing educational programs and curriculum activities
  • Managing educators and support staff
  • Managing learning support materials and equipment
  • Performing delegated functions from the Head of Department
  • Keeping school records
  • Implementing policy and legislation
  • Supporting the governing body with various activities