Governance and deliberative democracy at independent schools in South Africa: an education law perspective

Abstract

The governance of independent schools in South Africa in accordance with the law and democratic principles is a controversial issue. To some, independent schools exist in accordance with the law and have the right to remain autonomous and independent of state regulation and interference and such right must be embraced and protected by the state. To others, independent schools raise complex and debatable moral issues about exclusivity, perpetuation of inequality, selectivity and elitism and the need to reform. Independent schools remain an integral part of the South African education system as they fulfil essential social and educational functions in society. The rapid increase in learner numbers and numbers of schools is an affirmation of the critical need for the provision of alternative education opportunities by means of quality independent schools. The purpose of this study was to explore and understand how governance and deliberative democracy function at independent schools in South Africa. The study adopted a qualitative design, employing the phenomenological methodology within an interpretivist paradigm. The study was conducted within the sub-discipline of Education Law. The qualitative data was collected from systematically semi-structured open-ended interviews with purposefully sampled participants. Data analysis involved a thematic approach where data codes were clustered into sub-themes and finally into themes which formed the basis of the findings of the study. Among the findings of the study, is that there are no agreed upon policies regulating governance at independent schools and as such, governance differs from one school to the other leading to numerous court cases. Two key recommendations among others are that forums comprising all stakeholders should be formed at all levels to promote fair and free deliberations on independent school matters with continuous training of stakeholders (board members, parents, educators etc.), in particular in Education Law. The Department of Basic Education should also increase their level of monitoring and support to independent schools in general and with regard to curriculum matters.