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School governing bodies in South Africa : a review of their policy-making powers
Thesis (LLD)--Stellenbosch University, 2024.
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| Format: | Thesis |
| Language: | en_ZA |
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Stellenbosch : Stellenbosch University
2025
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| _version_ | 1867613901189808128 |
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| access_status_str | Open Access |
| author | Adams, Gretchen |
| author2 | Slade, Bradley |
| author_browse | Adams, Gretchen Slade, Bradley |
| author_facet | Slade, Bradley Adams, Gretchen |
| author_sort | Adams, Gretchen |
| collection | Thesis |
| dc_rights_str_mv | Stellenbosch University |
| description | Thesis (LLD)--Stellenbosch University, 2024. |
| format | Thesis |
| id | oai:scholar.sun.ac.za:10019.1/133801 |
| institution | Stellenbosch University (South Africa) |
| language | en_ZA |
| last_indexed | 2026-06-10T12:43:30.254Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Stellenbosch : Stellenbosch University |
| publisherStr | Stellenbosch : Stellenbosch University |
| record_format | dspace |
| source_str | SUNScholar — Stellenbosch University Repository |
| spelling | oai:scholar.sun.ac.za:10019.1/133801 School governing bodies in South Africa : a review of their policy-making powers Adams, Gretchen Slade, Bradley Arendse, Lorette Stellenbosch University. Faculty of Law. Dept. of Private Law. School boards -- South Africa Educational law and legislation -- South Africa Right to education -- South Africa Education and state -- South Africa Educational equalization -- South Africa School management and organization -- Law and legislation -- South Africa UCTD Thesis (LLD)--Stellenbosch University, 2024. Adams, G. 2024. School Governing Bodies in South Africa: A Review of Their Policy-Making Powers. Unpublished doctoral thesis. Stellenbosch: Stellenbosch University [online]. Available: https://scholar.sun.ac.za/items/61ef3980-13e0-4576-baea-97591d2871ad ENGLISH ABSTRACT: School Governing Body (“SGB”)-created school policies have the potential to impact the full realisation of learners’ constitutionally guaranteed rights, particularly the right to a basic education as provided by section 29(1)(a) of the Constitution of South Africa, 1996 (“Constitution”). The Constitution, recognised as a progressive and transformative legal instrument, mandates the State to actively transform society, redressing historical injustices to ensure human dignity, freedom, and equality. In this context, public schools, especially their SGBs, play a pivotal role in the radical transformation required to address social inequalities and to ensure that the right to a basic education is realised at the school level. This study, nevertheless, highlights the inherent tension that arises when the implementation of SGB-created school policies, such as those governing admissions, language, and learner pregnancy, potentially infringe upon the right to a basic education. This tension is not merely hypothetical, as it is the subject of a significant number of cases analysed in this study. SGBs are positioned as crucial partners of participatory democracy, with the responsibility of creating policies that align with the transformative objectives of the Constitution. However, this study argues that despite their democratic intentions, SGBs often perpetuate traditional power dynamics related to gender, class, and race, particularly in historically advantaged schools, that were prevalent during the apartheid era when the government favoured White schools over Black schools. Through a detailed analysis of case law and statutory provisions, this study demonstrates how the implementation of SGB-created school policies can infringe upon the rights they are meant to protect, particularly in cases where these policies are implemented in ways that exclude or disadvantage certain learners. In particular, the study draws on the Constitutional Court’s reasoning in cases like Head of Department, Department of Education, Free State Province v Welkom High School, Head of Department, Department of Education, Free State Province v Harmony High School (“Welkom”), where the Court emphasised the quasi-legislative role of SGBs in ensuring an environment conducive to the realisation of the right to a basic education. In light of the above, this study advocates for a re-evaluation of the implementation of SGB-created school policies in public schools, especially historically advantaged schools, emphasising the need for policies that not only promote democratic governance and participation but are also geared towards the full realisation of learners’ constitutionally guaranteed rights. This study proposes measures to prevent the infringement of these rights, ensuring that SGB-created school policies contribute to the transformative goals of the Constitution. By critically analysing the intersection of educational governance and constitutional rights, this study contributes to the ongoing discourse on achieving a truly egalitarian and inclusive basic education system in South Africa. AFRIKAANSE OPSOMMING: Geen opsomming beskikbaar. Doctoral 2025-09-10T06:16:24Z 2025-09-10T06:16:24Z 2024-12 Thesis https://scholar.sun.ac.za/handle/10019.1/133801 en_ZA Stellenbosch University 329 pages application/pdf Stellenbosch : Stellenbosch University |
| spellingShingle | School boards -- South Africa Educational law and legislation -- South Africa Right to education -- South Africa Education and state -- South Africa Educational equalization -- South Africa School management and organization -- Law and legislation -- South Africa UCTD Adams, Gretchen School governing bodies in South Africa : a review of their policy-making powers |
| title | School governing bodies in South Africa : a review of their policy-making powers |
| title_full | School governing bodies in South Africa : a review of their policy-making powers |
| title_fullStr | School governing bodies in South Africa : a review of their policy-making powers |
| title_full_unstemmed | School governing bodies in South Africa : a review of their policy-making powers |
| title_short | School governing bodies in South Africa : a review of their policy-making powers |
| title_sort | school governing bodies in south africa a review of their policy making powers |
| topic | School boards -- South Africa Educational law and legislation -- South Africa Right to education -- South Africa Education and state -- South Africa Educational equalization -- South Africa School management and organization -- Law and legislation -- South Africa UCTD |
| url | https://scholar.sun.ac.za/handle/10019.1/133801 |
| work_keys_str_mv | AT adamsgretchen schoolgoverningbodiesinsouthafricaareviewoftheirpolicymakingpowers |