Solidarity says regulations on school governing bodies fail test

4 December 2023

Solidarity directed several urgent questions to Gauteng MEC for Education Matome Chiloane in its comments that highlight flaws in the proposed regulation changes regarding school governing bodies.

In the comments directed to the MEC, Solidarity emphasised that the organisation’s reservations about the changes are based on a strong legal opinion that had been obtained.

The proposed changes were published in the provincial Government Gazette in November. This also takes place at a time where the Basic Education Laws Amendment Bill (Bela) specifically targets the decision-making powers of school governing bodies.

This bill is currently being processed by the National Council of Provinces (NCOP) and Solidarity also intends to submit comments on it.

Among the main issues that Solidarity draws to the Gauteng MEC’s attention regarding the proposed governing body regulations are:

-    gaps and ambiguity regarding accreditation of external observers in governing body elections; and

-    concerns about the department’s excessive involvement in electronic elections.

According to Johnell Prinsloo, education researcher at the Solidarity Research Institute (SRI), the proposed changes indicate ongoing attempts to deprive communities and parents of their right to vote in schools.

“It is not even necessary to read between the lines to see that the regulations strive to promote the centralisation of power in our school management. Many of these changes deviate further from democratic processes and strive to place more power in the hands of government officials,” Prinsloo said.

“Unfortunately, there is little reason to believe that they will show sound judgment or make decisions that have communities’ interests at heart.”

Solidarity believes that disregarding the democratic processes is also contrary to the spirit of the Constitution of South Africa.

Read Solidarity’s comments to the MEC here.

Issued by Johnell Prinsloo, Education Researcher: Solidarity Research Institute (SRI), 4 December 2023