UNIVERSITY OF SOUTH AFRICA
College of Law
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LCP4809: Education Law
Assignment 1 — Semester 1, 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
LCP4809
Module Code:
Education Law
Module Name:
Functions of School Governing Bodies and
Essay Topic:
Consequences of Failure to Perform Their
Duties
Assignment 1
Assignment Number:
26 March 2026
Due Date:
Submitted in partial fulfilment of the requirements for LCP4809 — UNISA 2026
, UNISA | LCP4809 School Governing Bodies
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 1996,1 which introduced democratic governance structures in public schools after
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 (SASA).
2
SASA, Preamble.
3
Constitution of the Republic of South Africa, 1996, s 29(1)(a).
4
SASA, s 16(1).
5
SASA, s 16(1); National Education Policy Act 27 of 1996, s 4.
6
J Beckmann and J Prinsloo, ‘Some Legal Aspects of School Governance in South Africa: Current Issues’
(2009) 29(2) South African Journal of Education 171, 173.
Page 2 of 15
College of Law
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
LCP4809: Education Law
Assignment 1 — Semester 1, 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
LCP4809
Module Code:
Education Law
Module Name:
Functions of School Governing Bodies and
Essay Topic:
Consequences of Failure to Perform Their
Duties
Assignment 1
Assignment Number:
26 March 2026
Due Date:
Submitted in partial fulfilment of the requirements for LCP4809 — UNISA 2026
, UNISA | LCP4809 School Governing Bodies
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 1996,1 which introduced democratic governance structures in public schools after
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 (SASA).
2
SASA, Preamble.
3
Constitution of the Republic of South Africa, 1996, s 29(1)(a).
4
SASA, s 16(1).
5
SASA, s 16(1); National Education Policy Act 27 of 1996, s 4.
6
J Beckmann and J Prinsloo, ‘Some Legal Aspects of School Governance in South Africa: Current Issues’
(2009) 29(2) South African Journal of Education 171, 173.
Page 2 of 15
