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policies in this regard.
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, QUESTION 1
The legal position of a school and its governing body can be explained as follows:
The public school is a juristic person with the legal capacity to perform its functions
(Section 15 of the Schools Act). The principal and the school governing body are the main
functionaries in the school setting. The Schools Act assigns different responsibilities for
the school governing body and the school principal. The school governing body is vested
with the governance of the school (Section 16(1)) and the school principal is vested with
the professional management of a public school (Section 16(3)). School professional
management refers to the “day-to-day administration and organization of teaching and
learning at the school and to the performance of the departmental responsibilities that are
prescribed by law”. School governance means” determining the policy and rules by which
the school is to be organized and controlled”.
In Head of Department: Mpumalanga Department of Education and Another v Hoërskool
Ermelo and Another (2009) ZACC 32 the court explained that “governance” in the context
of the Schools Act entails that “in partnership with the State, parents and educators
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