NAME :
STUDENT NUMBER:
UNIQUE NUMBER:
MODULE CODE: LCP4809
SUBJECT: EDUCATION LAW
ASSIGNMENT NUMBER: 01
YEAR: 2022
DUE DATE:
Honesty Declaration:
In writing and submitting this paper i affirm that:
1. I understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
3. I did not make use of another student’s work with or without permission and
submitted it as your own.
Date: ……………………….
Signature: ……………………….
, QUESTION 1
The legal position of a school and its governing body can be explained as follows:
The public school is a juristic person with the legal capacity to perform its functions
(Section 15 of the Schools Act). The principal and the school governing body are the main
functionaries in the school setting. The Schools Act assigns different responsibilities for
the school governing body and the school principal. The school governing body is vested
with the governance of the school (Section 16(1)) and the school principal is vested with
the professional management of a public school (Section 16(3)). School professional
management refers to the “day-to-day administration and organization of teaching and
learning at the school and to the performance of the departmental responsibilities that are
prescribed by law”. School governance means” determining the policy and rules by which
the school is to be organized and controlled”.
In Head of Department: Mpumalanga Department of Education and Another v Hoërskool
Ermelo and Another (2009) ZACC 32 the court explained that “governance” in the context
of the Schools Act entails that “in partnership with the State, parents and educators
STUDENT NUMBER:
UNIQUE NUMBER:
MODULE CODE: LCP4809
SUBJECT: EDUCATION LAW
ASSIGNMENT NUMBER: 01
YEAR: 2022
DUE DATE:
Honesty Declaration:
In writing and submitting this paper i affirm that:
1. I understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
3. I did not make use of another student’s work with or without permission and
submitted it as your own.
Date: ……………………….
Signature: ……………………….
, QUESTION 1
The legal position of a school and its governing body can be explained as follows:
The public school is a juristic person with the legal capacity to perform its functions
(Section 15 of the Schools Act). The principal and the school governing body are the main
functionaries in the school setting. The Schools Act assigns different responsibilities for
the school governing body and the school principal. The school governing body is vested
with the governance of the school (Section 16(1)) and the school principal is vested with
the professional management of a public school (Section 16(3)). School professional
management refers to the “day-to-day administration and organization of teaching and
learning at the school and to the performance of the departmental responsibilities that are
prescribed by law”. School governance means” determining the policy and rules by which
the school is to be organized and controlled”.
In Head of Department: Mpumalanga Department of Education and Another v Hoërskool
Ermelo and Another (2009) ZACC 32 the court explained that “governance” in the context
of the Schools Act entails that “in partnership with the State, parents and educators
