LCP4809
Assignment 1 Semester 1 2026
Unique number:
Due Date: 26 March 2026
Functions of School Governing Bodies and Consequences of Failure to Perform Their
Duties
Introduction
School governing bodies play a crucial role in the governance and management of public
schools in South Africa. Their authority is derived primarily from the South African Schools
Act 84 of 1996, which introduced democratic governance structures in public schools after
the end of apartheid.1 The Act recognises that education is a fundamental constitutional right
and that schools must be governed in a manner that promotes the realisation of this right.1
The governing body is responsible for the governance and policy-making functions of the
school, while the principal performs administrative and executive duties relating to the daily
management of the institution.1 The principal acts under the authority of the provincial Head
of Department and must ensure that both national education policies and governing body
policies are implemented effectively.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
Functions of School Governing Bodies and Consequences of Failure to
Perform Their Duties
Introduction
School governing bodies play a crucial role in the governance and management of
public schools in South Africa. Their authority is derived primarily from the South
African Schools Act 84 of 1996, which introduced democratic governance structures
in public schools after the end of apartheid.1 The Act recognises that education is a
fundamental constitutional right and that schools must be governed in a manner that
promotes the realisation of this right.2
The governing body is responsible for the governance and policy-making functions of
the school, while the principal performs administrative and executive duties relating
to the daily management of the institution.3 The principal acts under the authority of
the provincial Head of Department and must ensure that both national education
policies and governing body policies are implemented effectively.4
School governing bodies therefore perform a legislative-type function within the
school environment by creating policies that regulate school operations and ensure
that schools function effectively.5 This essay discusses the general functions of
school governing bodies and examines the legal consequences that arise when
governing bodies fail to perform their functions, with reference to relevant legislation
and case law.
Functions of School Governing Bodies
The governance of every public school is vested in its governing body in terms of
section 16 of the South African Schools Act.6 This provision establishes the
governing body as the primary decision-making structure responsible for determining
policies and ensuring effective school governance.7
1
South African Schools Act 84 of 1996.
2
Constitution of the Republic of South Africa, 1996 s 29(1).
3
M Ngidi ‘School Governing Bodies and Democratic School Governance’ (2004) South African
Journal of Education 260.
4
South African Schools Act 84 of 1996 s 16A..
5
Education Law Study Guide (LCP4809)..
6
South African Schools Act 84 of 1996 s 16.
7
Education Law Study Guide (LCP4809).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 1 2026
Unique number:
Due Date: 26 March 2026
Functions of School Governing Bodies and Consequences of Failure to Perform Their
Duties
Introduction
School governing bodies play a crucial role in the governance and management of public
schools in South Africa. Their authority is derived primarily from the South African Schools
Act 84 of 1996, which introduced democratic governance structures in public schools after
the end of apartheid.1 The Act recognises that education is a fundamental constitutional right
and that schools must be governed in a manner that promotes the realisation of this right.1
The governing body is responsible for the governance and policy-making functions of the
school, while the principal performs administrative and executive duties relating to the daily
management of the institution.1 The principal acts under the authority of the provincial Head
of Department and must ensure that both national education policies and governing body
policies are implemented effectively.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
Functions of School Governing Bodies and Consequences of Failure to
Perform Their Duties
Introduction
School governing bodies play a crucial role in the governance and management of
public schools in South Africa. Their authority is derived primarily from the South
African Schools Act 84 of 1996, which introduced democratic governance structures
in public schools after the end of apartheid.1 The Act recognises that education is a
fundamental constitutional right and that schools must be governed in a manner that
promotes the realisation of this right.2
The governing body is responsible for the governance and policy-making functions of
the school, while the principal performs administrative and executive duties relating
to the daily management of the institution.3 The principal acts under the authority of
the provincial Head of Department and must ensure that both national education
policies and governing body policies are implemented effectively.4
School governing bodies therefore perform a legislative-type function within the
school environment by creating policies that regulate school operations and ensure
that schools function effectively.5 This essay discusses the general functions of
school governing bodies and examines the legal consequences that arise when
governing bodies fail to perform their functions, with reference to relevant legislation
and case law.
Functions of School Governing Bodies
The governance of every public school is vested in its governing body in terms of
section 16 of the South African Schools Act.6 This provision establishes the
governing body as the primary decision-making structure responsible for determining
policies and ensuring effective school governance.7
1
South African Schools Act 84 of 1996.
2
Constitution of the Republic of South Africa, 1996 s 29(1).
3
M Ngidi ‘School Governing Bodies and Democratic School Governance’ (2004) South African
Journal of Education 260.
4
South African Schools Act 84 of 1996 s 16A..
5
Education Law Study Guide (LCP4809)..
6
South African Schools Act 84 of 1996 s 16.
7
Education Law Study Guide (LCP4809).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
