The continued existence of the prefect system in most of the former Model C schools has been a matter of concern to SADTU. It is in this regard that the union wishes to thank the Minister of Education for enforcing the establishment of the Learner Representative Council as it has been clearly stipulated in the South African Schools Act No. 84 of 1996.

From our point of view some of the delays or resistance in this regard can be attributed to:

• the old thinking that says; children are children and do not have any role in the governance of their institutions – which is the basis of a top-down approach that reigned during the past dark days of Apartheid;

• the fact that the majority of learners in these schools are blacks and could allow national student movements such as COSAS to make in-road and to disrupt the so-called peace in these schools;

• Governing bodies in these schools are the most unrepresentative and powerful bodies that claim to be representing the voice of the majority of parents especially against the establishment of LRC in favour of the prefect system.

It is the union’s wish that this undemocratic system of school governance is done away with as soon as yesterday.

1. SECTION 11: South African Schools Act:

With regard to this matter, the union would like to make the following proposals;

That the MECs for Education send out an urgent circular to all ordinary public and independent registered senior secondary and ELSEN schools for the implementation of this legal requirement.

That the regulations from the MECs for Education informed by the national norms provide the guidelines upon which the functioning of the Learner Representative Council - (LRCs) will be based.

That monitoring of the implementation of this requirement be put in place and information in this regard be part of the data that the EMIS is capturing annually.

That the national norms and guidelines by the MEC’s for Education lay the basis upon which capacity building for LRC (for their participation in the schools governing bodies) will designed.

Part of the guidelines /or regulations should clearly state this right of the learners to belong to sub-structures of the broader bodies like COSAS or PASO for example.

The Union welcomes this amendment because some of the school governing bodies were now going far beyond their prescribed functions and powers.

Typical examples in this regard:

• Being used in the leadership battles in the schools (e.g. positions of either Deputy, Principal or HoD);

• Interfering with conditions of service and professional ethics that are dealt with at other levels like the ELRC and SACE.

1. SECTION 20: South African Schools Act:

Functions of all governing bodies

Governing bodies are now employers of educators and other staff personnel in the school, without the consent of the Head of Education Department.

Despite the drastic racial changes in the enrollment of black learners in the former Model C schools, the staff complement is still remaining predominantly white. This makes one to question the extent and the impact to which educator redeployment has assisted in the realisation of equity. The only positions occupied by blacks thus far are those that relate to maintenance of school grounds, making of tea and security in schools.

To a larger extent, his has sent bad signals to both learners and black parents that it is still only white persons that can perform teaching duties or uphold high educational standards in the school - which is not true. We could conclude that it is as a result of the powers of the SGBs to appoint educators.

2. SECTION 25: South African Schools Act:

Some of the SGBs are confronted with the following problems:

• co-option due to high turn over of members;
• lack of training; and
• motivation to serve in these structures

While concurring with the amended version of the section 25, the union would like to propose;

• that the establishment of the Provincial and National Associations for School Governing Bodies be legislated for purposes of coordinating and monitoring the role of SGBs.

• That these structures serve as advisory bodies for both the Minister and MECs for Education.

1. SECTION 36: South African Schools Act:

Responsibility of governing body

The union concurs with the amendment.

2. SECTION 37: South African Schools Act:

The union concurs with the amendment which, is somehow in line with Section 16 (2), that states that; the school governing body stands in a position of trust towards the school. Therefore we cannot accept a situation whereby this trust is to establish another without this exercise being supported or preceded by:

• Formal request and motivation for the establishment of such a trust fund to the Head of Education Department / MEC for Education;

• The request should provide information about the duration within which this trust or project will continue;

• Commitment by the SGB to periodically furnish the HoD with both financial as well as the final reports including valid vouchers;

• Commitment by the SGB to ensure that the project / funds are evaluated against the purpose for which this trust is established.

This process could be regulated or determined by the HoD. Otherwise it could create unnecessary duplication.

We concur with the amendment.

We wish to once more thank the Portfolio Committee for according us space to make our input.