UNIVERSITY OF SOUTH AFRICA (UNISA)
College of Law
⋄
FUNCTIONS OF SCHOOL GOVERNING BODIES
AND CONSEQUENCES OF FAILURE
Assignment 01 – Semester 1, 2026
⋄
Module Code: LCP4809
Module Name: Education Law
Assignment No.: 01
Due Date: 26 March 2026
Semester: Semester 1, 2026
Submitted in partial fulfilment of the requirements for Education Law (LCP4809)
at the University of South Africa.
,UNISA | LCP4809 School Governing Bodies
Introduction
School governing bodies occupy a central position in the governance of public schools in
South Africa. Their authority derives primarily from the South African Schools Act 84 of 19961
(SASA), which introduced democratic governance structures in public schools following the
end of apartheid.2 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.3
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.4 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.5
School governing bodies therefore perform a legislative-type function within the school envi-
ronment by creating policies that regulate school operations and ensure that schools function
effectively.6 This essay discusses the general functions of school governing bodies and
examines the legal consequences that arise when governing bodies fail to perform their func-
tions, with reference to relevant legislation and case law.
1
South African Schools Act 84 of 1996 (hereafter “SASA”).
2
SASA Preamble: “the achievement of democracy in South Africa has consigned to history the past system of
education which was based on racial inequality and segregation”.
3
Constitution of the Republic of South Africa, 1996 (hereafter “the Constitution”), s 29(1)(a).
4
SASA ss 16(1) and 16(3). See also J Heystek and M Nyambi “Section twenty-one status and the functioning of
school governing bodies” (2006) 26 South African Journal of Education (noting that “the professional manage-
ment is responsible for the daily teaching and learning activities whilst the school governing body is responsible
for the school governance”).
5
SASA s 16A. See further the constitutionality issues raised in N van Wyk “The constitutionality of section 16A of
the South African Schools Act 84 of 1996” (2013) De Jure 237.
6
JL Beckmann “Legislation on school governors’ power to appoint educators: friend or foe?” (2009) 29 South
African Journal of Education 171 at 174.
Page 1 of 15
, UNISA | LCP4809 School Governing Bodies
Functions of School Governing Bodies
2.1 The Governance Framework Under SASA
The governance of every public school is vested in its governing body in terms of section
16(1) of SASA.7 A governing body does not exercise delegated power. It exercises original
power conferred directly by the Act as the duly appointed agent of the school, which is itself
a juristic person under section 15 of SASA.8 The school can only participate in legal relations
through the acts of its governing body.
Section 16(2) of SASA imposes a fiduciary duty on every governing body: it stands in a posi-
tion of trust towards the school.9 This means governing body members must act in the best
interests of the school community at all times, and not for personal or factional gain. The
Constitutional Court confirmed this obligation in Head of Department: Mpumalanga Depart-
ment of Education and Another v Hoërskool Ermelo and Another,10 holding that a governing
body is entrusted with a public resource that must be managed not only in the interest of cur-
rent learners and parents, but in the interest of the broader community in which the school is
located.
Key Distinction
Governance vs Professional Management: Section 16(1) of SASA vests governance
in the governing body. This means establishing policy, setting the school’s norma-
tive framework, and overseeing strategic decisions. Section 16(3) vests professional
management in the principal. This means the daily administration of teaching and
learning and the implementation of policy. These two roles must not be conflated. The
Hoërskool Ermelo litigation arose partly because of a failure to respect this boundary.11
2.2 Mandatory Functions: Section 20 of SASA
Section 20 of SASA sets out the functions that every governing body of a public school must
perform, without exception.12 These are not optional responsibilities. They are mandatory
7
SASA s 16(1).
8
SASA s 15; Beckmann (n 4) 174.
9
SASA s 16(2).
10
Head of Department: Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another [2009]
ZACC 32; 2010 (2) SA 415 (CC) (hereafter “Hoërskool Ermelo (CC)”) para 78.
11
Hoërskool Ermelo (CC) (n 6) para 22; Heystek and Nyambi (n 3).
12
SASA s 20(1).
Page 2 of 15
College of Law
⋄
FUNCTIONS OF SCHOOL GOVERNING BODIES
AND CONSEQUENCES OF FAILURE
Assignment 01 – Semester 1, 2026
⋄
Module Code: LCP4809
Module Name: Education Law
Assignment No.: 01
Due Date: 26 March 2026
Semester: Semester 1, 2026
Submitted in partial fulfilment of the requirements for Education Law (LCP4809)
at the University of South Africa.
,UNISA | LCP4809 School Governing Bodies
Introduction
School governing bodies occupy a central position in the governance of public schools in
South Africa. Their authority derives primarily from the South African Schools Act 84 of 19961
(SASA), which introduced democratic governance structures in public schools following the
end of apartheid.2 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.3
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.4 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.5
School governing bodies therefore perform a legislative-type function within the school envi-
ronment by creating policies that regulate school operations and ensure that schools function
effectively.6 This essay discusses the general functions of school governing bodies and
examines the legal consequences that arise when governing bodies fail to perform their func-
tions, with reference to relevant legislation and case law.
1
South African Schools Act 84 of 1996 (hereafter “SASA”).
2
SASA Preamble: “the achievement of democracy in South Africa has consigned to history the past system of
education which was based on racial inequality and segregation”.
3
Constitution of the Republic of South Africa, 1996 (hereafter “the Constitution”), s 29(1)(a).
4
SASA ss 16(1) and 16(3). See also J Heystek and M Nyambi “Section twenty-one status and the functioning of
school governing bodies” (2006) 26 South African Journal of Education (noting that “the professional manage-
ment is responsible for the daily teaching and learning activities whilst the school governing body is responsible
for the school governance”).
5
SASA s 16A. See further the constitutionality issues raised in N van Wyk “The constitutionality of section 16A of
the South African Schools Act 84 of 1996” (2013) De Jure 237.
6
JL Beckmann “Legislation on school governors’ power to appoint educators: friend or foe?” (2009) 29 South
African Journal of Education 171 at 174.
Page 1 of 15
, UNISA | LCP4809 School Governing Bodies
Functions of School Governing Bodies
2.1 The Governance Framework Under SASA
The governance of every public school is vested in its governing body in terms of section
16(1) of SASA.7 A governing body does not exercise delegated power. It exercises original
power conferred directly by the Act as the duly appointed agent of the school, which is itself
a juristic person under section 15 of SASA.8 The school can only participate in legal relations
through the acts of its governing body.
Section 16(2) of SASA imposes a fiduciary duty on every governing body: it stands in a posi-
tion of trust towards the school.9 This means governing body members must act in the best
interests of the school community at all times, and not for personal or factional gain. The
Constitutional Court confirmed this obligation in Head of Department: Mpumalanga Depart-
ment of Education and Another v Hoërskool Ermelo and Another,10 holding that a governing
body is entrusted with a public resource that must be managed not only in the interest of cur-
rent learners and parents, but in the interest of the broader community in which the school is
located.
Key Distinction
Governance vs Professional Management: Section 16(1) of SASA vests governance
in the governing body. This means establishing policy, setting the school’s norma-
tive framework, and overseeing strategic decisions. Section 16(3) vests professional
management in the principal. This means the daily administration of teaching and
learning and the implementation of policy. These two roles must not be conflated. The
Hoërskool Ermelo litigation arose partly because of a failure to respect this boundary.11
2.2 Mandatory Functions: Section 20 of SASA
Section 20 of SASA sets out the functions that every governing body of a public school must
perform, without exception.12 These are not optional responsibilities. They are mandatory
7
SASA s 16(1).
8
SASA s 15; Beckmann (n 4) 174.
9
SASA s 16(2).
10
Head of Department: Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another [2009]
ZACC 32; 2010 (2) SA 415 (CC) (hereafter “Hoërskool Ermelo (CC)”) para 78.
11
Hoërskool Ermelo (CC) (n 6) para 22; Heystek and Nyambi (n 3).
12
SASA s 20(1).
Page 2 of 15
