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MEDIA ADVISORY

FOR IMMEDIATE RELEASE

FREE STATE SCHOOLS GOVERNANCE INSTITUTE SCHOOLS POLICIES ALIGNMENT WITH THE NEW BASIC EDUCATION LAWS AMENDMENT ACT PROVISIONS THROUGH PROVINCIAL POLICY REVIEW WORKSHOP SESSION

24/05/2025

The Free State Schools Governance Institute (FSSGI) in an attempt to ensure that all the school policies of the members aligns with the new changes proposed by the new Basic Education Laws Amendment Act (BELA) as signed into law by the President of the Republic of South Africa, Honourable Cyril Ramaphosa on the 13th of September 2024. It the view of the institute that is critical for all the schools policies of the members to be amended to accommodate these changes in order to ensure that the work of the School Governing Bodies is closely aligned and regulated fully by the Act (BELA).

It is important to note that the Institute will only be attending to the clauses that are related to governance and those relating to curriculum will be assimilated by the School Management Teams (SMTs) as provided by Section 16(3) of the South African Schools Act, No 84 of 1996. Further, the BELA Bill aimed to revise the admission and language policies of schools, transferring decision-making authority from School Governing Bodies (SGBs) to the Head of Department (HOD). This change was prompted by instances of discriminatory admission practices observed in some schools.

The following are policies that will be affected by this process and clauses proposed by Parliament through the Basic Laws Amendment Act (BELA); furthermore; these are the policies that will be amended through the schedule that will be released to the members:

1. SECTION 5 OF THE SOUTH AFFICAN SCHOOLS ACT, NO 84 OF 1996 (ADMISSION POLICY)

He then discussed Clause Four, which amends Section 5, addressing admission age, compulsory school attendance age, and policies set by governing bodies, allowing for the Head of Department to intervene if these policies do not align with departmental policies.

2. LANGAUGE AND ADMISSION POLICIES

Clause Five addresses language and admission policies, emphasising that schools are responsible for developing and keeping these policies, with intervention from the Head of Department if issues arise.

3. CODE OF CONDUCT FOR LEARNERS AND POLICY ON LEARNER ABSENTEEISM

Monitoring school attendance by educators, principals, and school governing bodies, outlining steps to be taken when a child is absent from school.

4. CODE OF CONDUCT FOR LEARNERS

Clause Seven, which pertains to developing a code of conduct, emphasising the importance of considering input from parents, the community, and learners.

5. SCHOOLS SAFETY POLICY

Clause Eight deals with random search, seizure, and drug testing in schools, outlining procedures for these activities.

6. SCHOOLS SAFETY POLICY

Clause Nine clarifies what constitutes serious misconduct for learners, guiding schools on how to handle cases such as stabbing or r**e.

7. SCHOOLS SAFETY POLICY

Clause Ten addresses corporal punishment, defining what actions are prohibited and reinforcing the ban on corporal punishment.

8. CODE OF CONDUCT FOR LEARNERS AND SCHOOLS SAFETY POLICIES

Clause Eleven focuses on abolishing initiation practices in schools and promoting programs that integrate new learners without subjecting them to uncomfortable treatment.

9. PROCUREMENT POLICY (FINANCE POLICY)

Clause Fourteen pertains to procurement of goods and services by schools, ensuring that the process is transparent and follows proper procedures.

10. SECTION 22 OF THE SOUTH AFRICAN SCHOOLS ACT, NO 84 OF 1996

Clause Fifteen allows for the removal of functions from School Governing Bodies (SGBs) if they are not performing adequately.

11. CONSTITUTION OF THE SCHOOL GOVERNING BODY (MEMBERSHIP OF THE SCHOOL GOVERNING BODY)

Clause Sixteen amends Section 23 of the South African Schools Act, allowing SGBs to bring in specialists or community members to assist them, even if they are not parents of students at the school

12. CONSTITUTION OF THE SCHOOL GOVERNING BODIES FOR SPECIAL SCHOOLS

Clause Seventeen applies to special schools, permitting them to bring in skilled individuals to assist with governance, even if they do not have children attending the school.

13. SECTION 22 OF THE SOUTH AFRICAN SCHOOLS ACT, NO 84 OF 1996

Clause Nineteen grants the Head of Department the power to dissolve dysfunctional SGBs, with proper steps and appeal processes in place.

14. SECTION 4 AND 5 OF THE CODE OF CONDUCT FOR MEMBERS OF GOVERNING BODIES OF PUBLIC SCHOOLS (GOVERNMENT GAZETTE NUMBER 263 OF 2006)

Clause Twenty addresses declaring personal interests and recusal in SGB activities

15. SUBISISTENCE AND TRAVEL POLICIES

Clause Twenty-One prohibits SGB members from being paid for their work but allows for reimbursement of expenses incurred in carrying out their duties.
effectiveness of School Governing Bodies (SGBs) is measured based on their adherence to prescribed roles and responsibilities outlined in the South African Schools Act (SASA).

If an SGB fails to fulfil its duties, it is considered ineffective, and steps may be taken to address the situation, such as removing non-performing members. Research and assessments are conducted to evaluate the functionality of SGBs and provide training where needed.

The Office of the CEO will present a comprehensive schedule to the Executive Committee of the Free State Schools Governance Institute (FSSGI) with dates and times and further ensuring that all the corners of the province are covered within a time that will be specified by the President of the Institute, Archbishop Isaac Vani.

A consultation shall be done with the Department through education district offices of the roll out of the programme that will also include reissuing of the SGB Functionality Tool.

RELEASED ON BEHALF OF THE EXECUTIVE MANAGEMENT COMMITTEE OF THE FREE STATE SCHOOLS GOVERNANCE INSTITUTE (FSSGI) BY:

The Office of the Chief Executive Officer
Mr Tshediso Thinane
+27(0) 64 0921 644
[email protected]

LW