Date: 17/10/2003
Source: Ministry of Education
Title: Asmal: Stellenbosch Association of School Governing Bodies


SPEECH BY THE MINISTER OF EDUCATION, PROFESSOR KADER ASMAL, MP, AT THE CERTIFICATE PRESENTATION FUNCTION OF THE STELLENBOSCH ASSOCIATION OF SCHOOL GOVERNING BODIES, Paul Roos High School, Stellenbosch, Friday, 17 October 2003

Director of Ceremonies
Chairperson of the Stellenbosch Association of School Governing Bodies, Mr Cedric Williams
Parents and teachers
Ladies and Gentlemen

I should like to thank you for inviting me to address this function where you will present certificates to outgoing members of the school governing bodies (SGBs) in Stellenbosch. I believe that you are also welcoming new members of the SGBs and launching the Stellenbosch Association of School Governing Bodies. All of these occasions deserve credit, but I particularly like the organic association of local school governing bodies into a larger unit, which should ultimately be aligned with local government demarcations.

But I wish to also commend you for recognising the work of the SGB members whose term of office has come to an end. These members have given of their time and effort to ensure the good governance of your schools for the past three years. They have done this in the spirit of Letsema - on a voluntary basis. It is in this voluntarist spirit that the new members of the SGBs who will be trained over the weekend have accepted their new responsibilities as governors of schools in the Stellenbosch area.

It is pleasing to note the path we have travelled since school governing bodies were introduced by the government in 1996. This year, we saw the beginning of the third cycle of SGB elections, and with it the third generation of school governors. The new members of the Stellenbosch school governing bodies who are present today are part of this third generation of school governors. You as parents who are involved as members of governing bodies in your schools have chosen not to turn a blind eye to your children's future. You have chosen to be by your children every step of the way as they grow into citizens. As such, and following one of the largest and most regular democratic processes in the country, you join a cohort of over 200 000 people who have been newly elected to the same position. Together with the 400 000 that have previously served, you are a potent force for social change and development.

Your chairperson asked me to talk about the future of school governing bodies. I am happy to do so on the basis of what I know presently, taking into account that a review of school governance is presently under way.

Seven years after the passing of the Schools Act, it is clear that while many schools have made good use of the opportunities provided by the model of local governance, there are a significant number of schools where this is not the case. As a result of this, I became convinced that the functioning of governing bodies needed to be reviewed. My concerns were based on reports, mostly from poor people, and usually the mothers, that some governing bodies were not working within the spirit and mandate of the Constitution. I was told that in some instances schools, in their practices if not their constitutions, were violating the right to equality of access to education, either through financial means, or through a deliberate neglect of the language provisions of the Schools Act. Some schools have had less than perfect processes for determining budgets and setting fees, leading to financial hardships and exclusions, as was illustrated in the recent Costs of Education study. Other governing bodies have seen themselves as the "hirers and firers" of teachers and principals, and in worst cases have evicted staff from schools. Sometimes we find a virtual warlord in charge of a governing body. You must agree that these abuses of power have to be addressed.

On the other hand it is clear that many other governing bodies are simply not functioning. Far from abusing their powers, they are not using them at all. It appears they rarely meet, and have not taken any significant decisions during their term of office, leaving the school rudderless. This neglect of power is equally concerning, and similarly needs to be addressed.

Therefore in March this year, I appointed a Ministerial Committee on School Governance, chaired by Professor Crain Soudien of the University of Cape Town, to find out how effectively school governing bodies are functioning. The team has been broadly examining what impact democratic school governance has made on schools, and they have been tasked to look at what role different stakeholders are playing in school governance, how elections are being managed, how fees are set, how schools are managing the supposed overlaps in the roles of governance and management, and whether the existence of elected governing bodies has improved community ownership of schools.

The Committee has collected a wealth of information using various methods. They had about 30 public hearing across all nine provinces, including three in the Western Cape. They distributed questionnaires to a sample of 1000 schools, and did detailed studies of 37 different types of schools. They interviewed the MECs for Education, senior education officials, and representatives of teacher unions and school governing bodies. They also received 110 written submissions from organisations and individuals, so I expect their report to truly reflect the views of a highly representative sample of South Africans.

I am now awaiting the report of the Committee, due at the end of October, which I shall study closely before releasing to the public. It would be premature for me to speculate on the possible findings and recommendations of the Committee, apart from some tentative findings they included in an interim report to me. What I can say categorically is that the mandate of the Committee was to make recommendations on the strengthening of school governing bodies, not to weaken them as some sceptics may believe.

The good news is that the Committee has found overwhelming support for school governing bodies among all sectors of the population. People like what they stand for, and what they do. The interim report talks of the commitment of parents and teachers being "immensely strong" (powerful words indeed from a university professor!). Parents across the country, they say, have expressed a strong desire to get more involved. This is enormously encouraging, and confirms our belief in the capacities of people to govern themselves.

But recently, when I introduced amendments to the South African Schools Act with regard to the extra payments of teachers by parties other than provincial Departments of Education, I was accused by some people in the opposition of stripping governing bodies of their powers. The government was also accused of not having a commitment to the decentralised governance that characterises the functioning of our education system.

I can only say in response that the South African Schools Act has created enormous space for creative local school governance, and we have no intention of changing course on this. For the first time in our history, all schools and their constituent communities have a significant say in important matters about school life. You are bound only to operate schools within the provisions of the Constitution and other applicable laws, none of which can be seen as unduly prescriptive or prohibitive.

An example of our framework approach is the recently promulgated national Policy on Religion and Education. In formalising and strengthening the role of religion in education, the policy deals with three key issues - religion education, religious instruction and religious observances. I wish to concentrate on the third key issue - religious observances - because it has a direct bearing on your work as members of school governing bodies.

The Constitution and the South African Schools Act are clear that public schools may conduct religious observances, in the context of free and voluntary association, and provided that this is done on an equitable basis. Observances are also subject to rules made by the appropriate authorities, including the provincial education departments. Nothing in the policy takes away any of these rights, but we clarify what should be understood as "free and voluntary association" and "an equitable basis".

Religious observances can include different forms, including a school assembly, as well as voluntary public occasions, which make use of school facilities, for a religious service on a day of worship or rest, observances held in a voluntary gathering of pupils during a school break; or an observance that is ongoing, which entails things such as dress, prayer times and diets. The central point of the policy is that all of these must be respected and accommodated in a manner agreed upon by the school and the relevant faith communities.

It remains your duty as governing bodies to determine the final nature and content of religious observances for teachers and pupils. In doing so, you should keep in mind that public schools may not violate the religious freedoms of students or teachers by imposing religious uniformity on a religiously diverse school population. This policy provides a broad framework, and is not a prescriptive document. It encourages creative and innovative ways to observe religion that are sensitive to the diversity of our people. In my foreword to the Policy, I call on "people of goodwill" to find the right solutions for their schools, and I also declare my confidence in South Africans to manage such processes. School governing bodies and teachers should take cognisance of the opportunities that the framework offers for the development of ethical, moral, and civic values, and make good use of these.

I might add that after describing our policy to an international audience at United Nations Educational Scientific and Cultural Organisation, in a discussion on the quality education, I have had numerous requests for copies, and even the interim Iraqi Council is keen to visit us to see how we manage our linguistic and religious diversity.

While reflecting broad support for democratic school governance, the Committee did indicate some problem areas, which they will deal with in their report. These include issues of representivity in governing bodies, a range of financial matters, and the involvement of governing bodies in employment matters. The latter issue has in fact been recently referred to us by Judge Richard Goldstone, who in his final Constitutional Court ruling called for greater legislative clarity on this issue.

On issues of representivity, we have not yet established the demographic make-up of the 27 000 school governing bodies elected this year. However, the independent report on the 2000 SGB elections indicated a need for governing bodies to be more representative of the communities they serve, and to have more women elected. I hope we have done better in this year's elections than we did in 2000, in all respects, but I fear we may have repeated the patters of the past.

On financial matters, the committee has noted some serious concerns. Many of these have to do with the limited capacity of school governors, which too often leads to financial mismanagement. But others concerns relate to the setting of fees, and the manner in which schools deal with fee exemptions. To put it mildly, schools seem reluctant to advertise the provisions for exemption from fees, and have numerous ways of pressuring families, often via the children, to pay the fees. I cannot accept this in a system whose primary goal is the achievement of greater equity. We will be looking in the revised funding norms at measures to compensate schools for such exemptions, but we will expect schools to respond by being more accommodating of children, whatever their ability to pay.

In relation to employment matters, there are complex arrangements for the appointment of teachers, which require a high degree of co-operation between the partners. We look for guidance to the recent court ruling in Kimberley, where the department followed the stipulated procedures by referring an unacceptable recommendation back to the school for a further nomination, and was found to have been in order. This suggests there is in fact no legal ambiguity regarding recommendations for appointment, and that the problem is more one of relations between the school and the provincial department, which needs a different kind of remedy.

Regrettably, even some actions within the law, like a governing body giving a principal unlimited access to school funds, for housing, food and even liquor, are morally unacceptable. A court has ruled that this unregulated payment of benefits in kind, or in cash, is apparently lawful, and we have therefore proposed amendments to this sitting of Parliament to address this unintended loophole. You have to keep the school in good financial standing, and must ensure that the school provides the best quality education, given their very different circumstances. If that involves paying some staff to work longer or smarter, then so be it, but this must be through a transparent and fair process, with the informed consent of parents and the department.

Let me end with an uplifting story. A few weeks ago I visited a school in Groutville in KwaZulu-Natal. Five years ago the school was derelict, the average age of the students was 22, teachers came and went as they pleased, and the students were disrespectful and ill disciplined. But thanks to a solid partnership between a determined new principal, some fresh young teachers, and the school governing body, this school was spectacularly turned around, and is now a shining example for many other schools. In just four years the matric pass rate went from 4% to 80%, improving consistently each year. Students and teachers worked together to clean and decorate the school and improve the surroundings. Retired teachers came to assist the school after hours and on Saturdays. The school governing body worked hard to involve the community in the improvement programme at the school and to instil a new sense of pride in the school. This was Vuk'uzenzele in action, and the results are extraordinary!

So we can see how governing bodies can contribute to improving the quality of learning and teaching in a school, and thus help increase the life chances of the students and the surrounding communities. The parents of Groutville are not rich. All they needed was determination, a great desire to help their children, and a willingness to work in partnership with the principal and the teachers of the school.

I want to address for a moment the teacher members of school governing bodies - too often we think of them as parent bodies only, neglecting also the learner and even community representatives. We have recently celebrated World Teachers Day on 5 October. In Gauteng, nearly 20 000 teachers flocked to the Joburg Stadium, for a full day of fun and tributes, and similar events were held around the country. This is the least we can do for our teachers - on one day a year - and does wonders for restoring pride in the profession.

Ask any parent to name the most important element of his or her child's education and chances are that the answer will be "good teachers". While new technologies and new subject areas are pushed into the foreground of the classroom, these can only become useful when mediated by a caring and committed teacher.

And so we say thank you to our teachers, to whom society has given one of the most sensitive and responsible jobs in the world. Thank you for your skill and your perseverance, our ingenuity in making the school a welcoming and safe place for girls and boys. For respecting the rights of our children, for encouraging their talents, and building their sense of dignity. We salute your courage and commitment, and urge you to do more, for there is still so much to do.

On 6 November, we will be hosting once again the National Teaching Awards at the Presidential Guest House in Pretoria. I am aware that the Western Cape has done quite well in these Awards over the past few years, but I am informed that there is a 20% increase in the number of participants this year, so there is no room for complacency. This increased interest in the Awards must reflect the growing confidence among teachers, a revival of their pride and morale. This is good, and mirrors the increased enrolment of student teachers at most universities for the first time this year - a turnaround that must be encouraged by all of us. We are looking for the brightest and the best of our children to become teachers, and we have the funds for those who cannot afford the fees.

Let me conclude by thanking most sincerely the outgoing members of school governing bodies, not only here in Stellenbosch, but in the whole of South Africa, for their dedication and hard work during their term of office. I also convey my best wishes to the newly elected school governors, and to your new organisation, the Stellenbosch Association of School Governing Bodies. I hope that it will