I am employed by the SGB of a Section 21 Public School (Primary) that has also recently elected a new SGB. My Principal and some members (not all) of the SGB are of opinion that they cannot be held accountable in terms of the PFMA (Act 1 of 1999 as amended by Act 29 of 1999), because (I have been told that it should be apparent that) all assest have been transferred from the Department of Education to the SGB. However, in terms of Section 22 of the SA Schools Act (No. 84 of 1996),
the Head of Education may, on certain conditions, withdraw specific
functions from the SGB - I'm not sure if it includes possible
revocation of all SGB functions in some cases, but I presume that it's
possible in extreme conditions (and proof) of poor management.
Now, I know that I may be wrong, but I am of (humble, legally uneducated) opinion that the Section 21 status makes the Principal AND the SGB AND (in the end) Provincial and National Departments share the accountability, moreover so than would have been the case in the absence of Section 21, where the Department of Education and the Principal would "share" the accountability.
My questions are, though:
1. Of the following, who is accountable to who? Principal / SGB / Principal + SGB / Head of Education (Provincial or National Departments) / Public / Parents (Public?) / Government (Cabinet) / PFMA / Nobody (which I don't buy)?
2. Does "Section 21 Public School" indeed refer to Section 21 of the SA Schools Act (No. 84 of 1996)?
3. Are the Principal and relevant SGB members correct in their belief that they are not accountable in terms of the PFMA? If so, to whom are they accountable?
4. Can the Head of Department revoke a school's Section 21 status completely on certain grounds?
5. What is meant exactly by "the Head of Department" in applicable Education legislation in terms of the Provincial and National Departments of Education?
6. Is any school in the country accountable in terms of the PFMA? If so, how is this determined?
7. Is any employee of the Department of Education deemed accountable in terms of the PFMA? If so, how is this determined?
8. With regard to Section 21 Status, can both Public and Private
Schools have this status? If so, what is the main difference between a
Private Section 21 School and aa Public one?
9. What is the quickest/easiest way to determine which functions the SGB have control over/no control over?
10. Is the SGB my "employer", or the Principal or the HR Sub-Committee of the SGB (which doesn't exist yet)? If it doesn't exist yet, then how can I be employed by the school?
11. What do you do when you find yourself bullied into decisions taken by the SGB?
12. Can a co-opted member serve on the SGB for periods exceeding three years? I have found that there are some discrepancies between the SA Schools Act and the SGB Election Guidelines for 2009 (how is the member's performance rated anyway?) in more than one regard.
13. Is it possible that a co-opted member (without voting rights) and one or two other members of the SGB (mostly without voting rights) can psychologically "bully" other members into taking decisions that they are not feeling comfortable with/haven't been trained in, e.g. the annual budget? If so, why does this happen?
14. NB: Perhaps more importantly: where can I find more, useful and reliable information in regard to more, similar questions, without having to consult the SGB, Principal or a lawyer?
PLEASE DO NOT REPLY WITH SCHOOL NAMES OR INSULT ANYONE IN YOUR REPLIES!