SCA dismisses bid to strip principal’s powers
The school governing body (SGB) of Bloemfontein’s Grey College has been dealt a blow by the SCA, the latest instalment in its protracted power struggle with principal Deon Scheepers.
A Times Select report says at the heart of the issue was an attempt by the SGB to strip Scheepers of the core functions of his job, such as overseeing discipline, managing teachers and staff, and steering extra-curricular activities, instead employing a school manager for this role.
Had it been successful, Scheepers would be left with managing matters pertaining to teaching and learning, a move he challenged successfully in the Free State High Court (Bloemfontein) in 2018.
However, the SCA dismissed the SGB appeal, saying its posture was built on a ‘house of cards’.
‘The SGB ignores the statutory architecture and does not distinguish between the different roles played by the governing body and the principal. It does not appreciate the distinction between its governance or legislative function, and the managerial and executive function of the principal,’ the court ruled.
The basis of the SGB’s fresh challenge was that the South African Schools’ Act entitled it to make the sweeping changes, something the SCA made short shrift of, says the Times Select report.
‘It is clear that it (the SGB) sees the principal as having no original authority and adopts the position that all his functions and duties derive from the SGB,’ the court held.
‘The SGB holds the view that it can dispense with the principal’s professional role if and when it chooses. The foundation of the SGB’s case is that the Schools’ Act is extensive in relation to its role, in that it is in overall charge of the school, and that in performing his task as principal, Scheepers is merely acting on delegated authority. The SGB is unjustifiably dismissive of the provisions of the Act ... that is palpably fallacious,’ it found.
‘The principal might be the victim of unjustified criticism by those opposed to him or he might be conducting himself as described by them. The accusations by each camp are serious. If there is a basis for a disciplinary case to be pursued against Scheepers by the SGB then that should be the route that is followed, rather than the stratagem adopted here,’ the court found.
The report notes the appeal was dismissed with costs.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
