LCP4809
Assignment 1 Semester 1 2026
Unique number:
Due Date: 26 March 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+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).
© Study Shack 2026. All rights Reserved +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number:
Due Date: 26 March 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+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).
© Study Shack 2026. All rights Reserved +27 81 278 3372
