LCP4809 EXAM MEMO
Footnotes, bibliography
Date: 25 OCTOBER 2023
OCTOBER/NOVEMBER EXAMINATION
, QUESTION 1
The public school is a juristic person1 and an “organ of state”. The preamble of the South
African Schools Act places an obligation on all public schools to provide quality education to all
its learners. The South African Schools Act also gives effect to the constitutional principles and
norms and determines their application in school education. It also establishes a “partnership
“between the government and the school community and determines the responsibilities of
these role-players in the organisation, governance and funding of schools.1
The governance of a public school is vested in its governing body. The governing body stands
in a position of “trust” towards the school and this means that a relationship of trust (fidei
commissum) exists between the school and its governing body. In governing the school, the
governing body must conform to the basic democratic values and principles (ie transparency,
representivity and accountability) governing the public administration. The governing body must
promote the best interests of the school and strive to ensure its development through the
provision of quality education for all its learners.2
“In furthering the interests of the school, a governing body must take all reasonable measures
within its means to supplement the resources supplied by the state to improve the quality of
education provided by the school to all its learners”. Although the attainment of quality education
for all learners is an admirable goal, there are many factors which prevent the progressive
realisation of quality education. These factors will now be considered. The proposed partnership
between the government and the school community may itself bring challenges to the provision
of quality education. At the moment, we are already grappling with huge demands for education
at all levels, a high percentage of adult illiteracy, a decreasing budget for education and
endemic poverty in numerous rural communities. “Although local communities will have direct
participation in the management of their schools, they will also be burdened with the heavy
responsibilities of partnership, namely financial responsibilities which will have a direct impact
on the quality of education provided at their school.”3
As stated earlier, a relationship of trust exists between the school and its governing body. This
places a burden on the governing body to provide expert and professional service to the school.
If the requisite “duties” and “functions” listed in the various provincial regulations dealing with
governing bodies are to be met, this will demand that the governing body is constituted of
people who are a disciplined team, with expert skills, particularly in the fields of financial
management and legal matters. That is not always the case, as Bray points out in her article.
Another challenge facing the provision of quality education is that “many issues have not been
resolved by the Schools Act and several important and serious questions remain on its content
and interpretation”.4
In conclusion: In order to bring about transformation in the South African education system, we
need to realise that human rights, especially in education, need to be cultivated more
extensively and comprehensively. “Ultimately, it is not systems or structures that work, but the
1 South African Schools Act 84 of 1996
2 South African Schools Act 84 of 1996
3 South African Schools Act 84 of 1996
4 South African Schools Act 84 of 1996
Footnotes, bibliography
Date: 25 OCTOBER 2023
OCTOBER/NOVEMBER EXAMINATION
, QUESTION 1
The public school is a juristic person1 and an “organ of state”. The preamble of the South
African Schools Act places an obligation on all public schools to provide quality education to all
its learners. The South African Schools Act also gives effect to the constitutional principles and
norms and determines their application in school education. It also establishes a “partnership
“between the government and the school community and determines the responsibilities of
these role-players in the organisation, governance and funding of schools.1
The governance of a public school is vested in its governing body. The governing body stands
in a position of “trust” towards the school and this means that a relationship of trust (fidei
commissum) exists between the school and its governing body. In governing the school, the
governing body must conform to the basic democratic values and principles (ie transparency,
representivity and accountability) governing the public administration. The governing body must
promote the best interests of the school and strive to ensure its development through the
provision of quality education for all its learners.2
“In furthering the interests of the school, a governing body must take all reasonable measures
within its means to supplement the resources supplied by the state to improve the quality of
education provided by the school to all its learners”. Although the attainment of quality education
for all learners is an admirable goal, there are many factors which prevent the progressive
realisation of quality education. These factors will now be considered. The proposed partnership
between the government and the school community may itself bring challenges to the provision
of quality education. At the moment, we are already grappling with huge demands for education
at all levels, a high percentage of adult illiteracy, a decreasing budget for education and
endemic poverty in numerous rural communities. “Although local communities will have direct
participation in the management of their schools, they will also be burdened with the heavy
responsibilities of partnership, namely financial responsibilities which will have a direct impact
on the quality of education provided at their school.”3
As stated earlier, a relationship of trust exists between the school and its governing body. This
places a burden on the governing body to provide expert and professional service to the school.
If the requisite “duties” and “functions” listed in the various provincial regulations dealing with
governing bodies are to be met, this will demand that the governing body is constituted of
people who are a disciplined team, with expert skills, particularly in the fields of financial
management and legal matters. That is not always the case, as Bray points out in her article.
Another challenge facing the provision of quality education is that “many issues have not been
resolved by the Schools Act and several important and serious questions remain on its content
and interpretation”.4
In conclusion: In order to bring about transformation in the South African education system, we
need to realise that human rights, especially in education, need to be cultivated more
extensively and comprehensively. “Ultimately, it is not systems or structures that work, but the
1 South African Schools Act 84 of 1996
2 South African Schools Act 84 of 1996
3 South African Schools Act 84 of 1996
4 South African Schools Act 84 of 1996
