Ruling on school bodies welcomed

2012-09-28 21:06

(File) (Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Bloemfontein - A court ruling that education departments may not directly interfere with adopted school policies has been welcomed by the Federation of Governing Bodies of SA Schools.

"This judgment reaches further than just school pregnancies," said deputy CEO Jaco Deacon.

The Supreme Court of Appeal (SCA) earlier in the day found in favour of two schools which took their education head to court.

The matter related to the authority of education heads to instruct a public school principal to act contrary to a policy adopted by the school governing body.

In this case the issue was management of pupils' pregnancies.

At two Welkom schools where pupils became pregnant they had to leave school temporarily under pregnancy policies adopted by the respective governing bodies.

The school principals received written directives from the Free State education department head, instructing them to withdraw their decisions and to re-admit the pupils.


The SCA held it was clear from the South African Schools Act the governance of a public school was the responsibility of the governing bodies.

Deacon said education department instructions to principals had to adhere to policy as determined by governing bodies.

If a department was of the opinion that a school policy, as decided by a governing body, was unlawful it should follow specific procedures.

Deacon said the judgment confirmed that a policy considered unlawful should be set aside in a court of law.

The National and Professional Teachers' Organisation of South Africa (Naptosa) also welcomed the judgment.

However, the union said it was deeply concerned that schools had to use the courts in order for the department of education to uphold the South African Schools Act.

"The custodians of the law should be the very same department of education," said Louwrens Strydom, CEO of Naptosa in the Free State and Northern Cape.

He said governing bodies should ensure their policies were up to date and that the correct procedures were followed.

Read more on:    education

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Watch: Investing in the future through child development

An investment of R32-million into 11 early childhood development centres is changing the future for children in the Northern Cape.

Partner Content
What all investors should know about index investing

Index-linked investments are growing fast in popularity globally, and are growing in size and complexity too.


French Bulldog helps kids with facial differences

Lentil Bean is a french bulldog who was born with a severe cleft nose, lip and palate.



Weird things dogs do
Makeover saves dog’s life
For the love of Corgis!
Can we communicate with our pets?
Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.