The (in)adequacy of measures relating to public school governance in the realisation of the right to basic education

Abstract

realisation of education rights. Provincial education departments have a statutory obligation to capacitate school governing bodies to enable them to effectively perform their functions as provided for in the South African Schools Act. However, provincial education departments do not always adequately capacitate school governing bodies. The inadequate capacitation of school governing bodies is especially detrimental for parent-school governing body members in rural areas due to the high illiteracy that often befalls people in rural areas. This study assessed the adequacy and effectiveness of measures relating to school governance in selected public secondary schools in the rural Eastern Cape. While there is no established legal standard for such an assessment, the study relies on international, national and foreign jurisprudence on the realisation of socio-economic rights, the right to education in particular, to identify relevant factors to be considered for such an assessment. It is concluded that the measures relating to school governance are inadequate to the extent that they are neither comprehensively conceptualised nor effectively implemented, and thus fail to adequately capacitate school governing bodies. Recommendations are made on how the identified inadequacies could be ameliorated. It is suggested that effective school governance is one of the elements necessary for the realisation of the right to basic education and should be given similar regard as the other components of that right such as the provision of textbooks, furniture and educators. Further, the plans relating to school governance could be drafted with more detail and clarity as to the action plan as to how school governing bodies will be adequately trained, supported and monitored. Equally important is clear resource allocation to fulfil the plans to capacitate school governing bodies. Ultimately, the comprehensive plan must be properly implemented.