Judgement on religion in schools confirms governing bodies’ authority in terms of school governance, says FEDSAS
29 June 2017
Yesterday’s judgement on religion in schools is not only directive in terms of policy, but also serves as a renewed call to parents and the broader community to become involved in schools. In essence a public school belongs to the immediate community in which the school is situated. The school’s governing body is representative of this broader school community and has the authority through the Schools’ Act to make decisions regarding important aspects such as a school’s language and admissions policy as well as how religion is to be practiced at the school.
In his judgement in the South Gauteng High Court, Judge Wilem van der Linde emphasised the fact that religion may be practiced at schools but within a specific framework, including the Constitution and the Schools’ Act. At the core of the judgement is the fact that a specific religion may not be promoted at the exclusion of others.
“In the court application the Organisasie vir Godsdienste-onderrig en Demokrasie asked for some 77 orders against six schools. However, the court has only issued two of these orders,” explains Mr Paul Colditz, CEO of the Federation of Governing Bodies of South African Schools (FEDSAS). The governing bodies of the six schools are members of FEDSAS and the organisation supported the schools in the court case.
Colditz says FEDSAS’ argument that governing bodies can determine the rules for religious observances in their schools in accordance with the Constitution and the Schools’ Act, was upheld. The court also agreed with FEDSAS’ argument that the National Policy on Religion and Education does not constitute enforceable rules, but is rather an important document which provides guidelines on religion in education.