Liability of school governing bodies: a legislative and case law analysis

Abstract

Through an in-depth analysis of legislation and case law, as important sources of education law, this article casts light on the liabilities School Governing Bodies may incur whilst exercising their statutory functions. Focus is placed on the legislative framework in which school governance occurs as cooperative government not only challenges the manner in which power is exercised, but also the empowering statute in itself. To illustrate the dichotomy that exists between the ideals of democratic policies and the manner in which they are interpreted and implemented, emphasis is placed on the practical implication of democratic governance in public schools with reference to important concepts such as representation, partnerships, accountability and liability. These concepts are critically analyzed in deliberation with court rulings in order to ascertain a better understanding of the important role School Governing Bodies have to play in striving to turn South African public schools into thriving centres of excellence.