, LCP4809 ASSIGNMENT 1 SEMESTER 2 2026 ANSWERS - DUE DATE: 27 AUGUST 2026
The Governing Body’s Duty to Adopt a Code of Conduct for Learners
1. Introduction
Section 20(1)(d) of the South African Schools Act 84 of 1996 (“Schools Act”) provides
that one of the functions of a governing body of a public school is to adopt a code of
conduct for learners.1 This provision must be understood together with section 8 of the
Schools Act, which specifically regulates codes of conduct. The purpose of such a code is
to establish a disciplined and purposeful school environment that promotes and maintains
the quality of the learning process.2 A code of conduct therefore provides a framework
within which learners are expected to conduct themselves while also protecting their
rights within the school environment.
The adoption of a code of conduct is an important aspect of school governance because
the governance of a public school is vested in its governing body.3 However, the
governing body does not have an unlimited power to create rules. Its functions must be
exercised within the boundaries of the Schools Act, the Constitution and applicable
provincial legislation.4 The courts have repeatedly confirmed that school governing
bodies have meaningful autonomy in matters of school governance, but that such
autonomy remains subject to the law.
2. Consultation and the Purpose of a Code of Conduct
Section 8 requires a governing body to adopt the code of conduct after consultation with
learners, parents and educators of the school.5 This consultation requirement is important
because a code of conduct affects the daily rights and responsibilities of learners and
1
South African Schools Act 84 of 1996 s 20(1)(d).
2
South African Schools Act 84 of 1996 s 8(2).
3
South African Schools Act 84 of 1996 s 16(1).
4
Head of Department, Department of Education, Free State Province v Welkom High School and Another 2012 (6) SA
525 (SCA) para 10.
5
South African Schools Act 84 of 1996 s 8(1).
The Governing Body’s Duty to Adopt a Code of Conduct for Learners
1. Introduction
Section 20(1)(d) of the South African Schools Act 84 of 1996 (“Schools Act”) provides
that one of the functions of a governing body of a public school is to adopt a code of
conduct for learners.1 This provision must be understood together with section 8 of the
Schools Act, which specifically regulates codes of conduct. The purpose of such a code is
to establish a disciplined and purposeful school environment that promotes and maintains
the quality of the learning process.2 A code of conduct therefore provides a framework
within which learners are expected to conduct themselves while also protecting their
rights within the school environment.
The adoption of a code of conduct is an important aspect of school governance because
the governance of a public school is vested in its governing body.3 However, the
governing body does not have an unlimited power to create rules. Its functions must be
exercised within the boundaries of the Schools Act, the Constitution and applicable
provincial legislation.4 The courts have repeatedly confirmed that school governing
bodies have meaningful autonomy in matters of school governance, but that such
autonomy remains subject to the law.
2. Consultation and the Purpose of a Code of Conduct
Section 8 requires a governing body to adopt the code of conduct after consultation with
learners, parents and educators of the school.5 This consultation requirement is important
because a code of conduct affects the daily rights and responsibilities of learners and
1
South African Schools Act 84 of 1996 s 20(1)(d).
2
South African Schools Act 84 of 1996 s 8(2).
3
South African Schools Act 84 of 1996 s 16(1).
4
Head of Department, Department of Education, Free State Province v Welkom High School and Another 2012 (6) SA
525 (SCA) para 10.
5
South African Schools Act 84 of 1996 s 8(1).
