THE School Governing Body (SGB) plays a significant role in educational institutions. The passage of the Bela Bill has drawn attention to its functions and responsibilities. The Bela Bill, also known as the Basic Education Laws Amendment Bill, is a proposed legislation in South Africa aimed at reforming the country’s education system.
The Bela Bill was introduced in 2020, has undergone public consultations and parliamentary reviews and was signed in this year by the President of South Africa, Cyril Ramaphosa.
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According to the bill, SGBs will still have the authority to determine admission policies, but these policies must comply with national and provincial education laws, as well as the Constitution. However, the Head of Department will have the final say in approving these policies and any changes made to them.
The bill also aims to strengthen oversight of SGBs, which has been a point of contention among educators and policymakers. Some argue that this oversight is necessary to prevent discriminatory admission practices while others see it as an overreach of power.
In terms of specific changes, Clause 16 of the Bela Bill allows SGBs to co-opt members from outside the school community to access expertise not available within their own circles. Clause 19 enables the Head of Department to dissolve an SGB that’s not performing its functions and appoint qualified individuals to take over for a specified period.
Additionally, the bill addresses financial management and accountability within SGBs. For instance, Clause 20 requires SGB members to declare any direct financial interests when involved in decision-making processes.
Here are the key functionalities of the SGB according to the Department of Basic Education:
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An SGB must ensure that the school is governed in the best interest of all the stakeholders. All SGB members must always put the best interest of the school before any personal interests. The South African Schools Act stipulates that an SGB must:
- Promote the best interest of the school and ensure its development.
- Adopt a constitution setting out how the SGB will operate.
- Adopt a mission statement for the school.
- Adopt a code of conduct for learners at the school which sets out disciplinary procedures.
- Help the principal, educators and other staff members to perform their professional functions.
- Decide on school policy which should include, amongst others, admissions, language and finance.
- Administer and control the property of the school, buildings and grounds.
- Encourage parents, learners, educators and other staff members at the school to offer voluntary services to the school.
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