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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate knowledge of the legislative framework for school governance 
SAQA US ID UNIT STANDARD TITLE
260257  Demonstrate knowledge of the legislative framework for school governance 
ORIGINATOR
SGB Education Management and Leadership 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 05 - Education, Training and Development Schooling 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 4  NQF Level 04  10 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
Learners credited with this Unit Standard will be able to understand and apply relevant sections of the Constitution and all other legislation (including regulations), that impact on school governance. It is crucial that School Governing Body (SGB) members operate within the South African Schools Act (SASA) 84 of 1996, as amended, so that they are able to support the professional management of the school in its quest to provide quality education.

Learners credited with this standard will be capable of:
  • Identifying and applying the South African Constitution in relation to school governance.
  • Explaining the SASA as the legal basis for school governance and management.
  • Discussing the roles, functions and responsibilities of the school governing body.
  • Identifying and applying supporting legislation, regulations and policy related to school governance. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
  • Communication at NQF Level 3. 

  • UNIT STANDARD RANGE 
  • The South African Schools Act 84 of 1996, as amended, is referred to as the SASA in this Unit Standard.
  • The School Governing Body is referred to as the SGB.
  • This Unit Standard is for all SGB members. 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Identify and apply the South African Constitution in relation to school governance. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The South African Constitution is explained in terms of it being the supreme law of the land. 

    ASSESSMENT CRITERION 2 
    The aspects of unity, diversity and citizenship in the preamble to the Constitution are discussed in terms of their impact on school governance. 

    ASSESSMENT CRITERION 3 
    Methods of entrenching constitutional values in the home, school and the community are identified that will be applicable to the situation without impacting negatively on cultural issues. 

    ASSESSMENT CRITERION 4 
    The Bill of Rights is explained in terms of ensuring that all the SGB roles and functions are conducted within the bounds of the Constitution. 

    SPECIFIC OUTCOME 2 
    Explain the SASA as the legal basis for school governance and management. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The preamble of the SASA is discussed in relation to the Constitution. 

    ASSESSMENT CRITERION 2 
    The SASA is explained in terms of it providing a legal framework for functioning of schools. 

    ASSESSMENT CRITERION 3 
    An overview of the SASA is described to indicate the various aspects covered by the Act. 

    ASSESSMENT CRITERION 4 
    The definitions of the SASA are explained to ensure clarity and uniformity of understanding. 

    SPECIFIC OUTCOME 3 
    Discuss the roles, functions and responsibilities of the SGB. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The distinction between professional management of the school and school governance is explained in relation to the SASA. 

    ASSESSMENT CRITERION 2 
    The establishment and dissolution of school governing bodies are discussed in terms of the relevant legislation. 

    ASSESSMENT CRITERION 3 
    The composition of the SGB is explained in terms of the stakeholder representation described by the SASA. 
    ASSESSMENT CRITERION NOTES 
    Provincial regulations pertaining to this will apply. 

    ASSESSMENT CRITERION 4 
    The establishment and composition of SGB committees are described in terms of the election of office bearers and their respective functions and responsibilities. 

    ASSESSMENT CRITERION 5 
    The allocated functions of the SGB are discussed to ensure that SGBs operate within the framework of the SASA. 

    ASSESSMENT CRITERION 6 
    The social responsibilities of the SGB are explained in terms of its broader role to support teaching and learning. 
    ASSESSMENT CRITERION RANGE 
    Responsibilities include but are not limited to aspects like poverty, child-headed households, life threatening diseases, food security, space or place to complete homework.
     

    ASSESSMENT CRITERION 7 
    The SGB's responsibility to review and/or develop policies for the school is discussed in terms of the legal framework and transformation to democratic governance. 
    ASSESSMENT CRITERION RANGE 
    Policies include those prescribed by the SASA, for example, language, religion, learner admission, school safety, and other policies at the discretion of the SGB.
     

    ASSESSMENT CRITERION 8 
    The development and adoption of a code of conduct for the learners is discussed in terms of ensuring that schooling takes place within a safe and orderly educational environment. 

    ASSESSMENT CRITERION 9 
    The Code of Conduct for SGBs is discussed and applied so that members advance the interests of the learners. 

    ASSESSMENT CRITERION 10 
    The distinction between the authority of the Member of the Executive Committee (MEC) and the Head of Department (HoD) is discussed in relation to school governance. 

    SPECIFIC OUTCOME 4 
    Identify and apply supporting legislation, regulations and policy related to school governance. 
    OUTCOME RANGE 
    National Education Policy Act (27 of 1996) as amended (NEPA), White Papers 5 and 6, Provincial legislation and Regulations. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The relationships between legislation, regulation, policy and guidelines are explained in terms of strengths and weaknesses of each for specific situations. 

    ASSESSMENT CRITERION 2 
    Relevant supporting legislation underpinning school governance is identified and applied as necessary to ensure maximum benefit to learners. 

    ASSESSMENT CRITERION 3 
    The importance of ensuring that school policies and activities do not contradict legislation are described in terms of consequences to SGB members and learners. 

    ASSESSMENT CRITERION 4 
    Corrective action is taken to eliminate conflicts between school policy and legislation. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this Unit Standard must be registered as an assessor with the relevant ETQA.
  • Any institution offering learning that will enable the achievement of this Unit Standard must be accredited as a provider with the relevant ETQA.
  • Assessment and moderation of assessment will be overseen by the relevant ETQA according to the ETQA policies and guidelines for assessment and moderation.
  • Moderation must include both internal and external moderation of assessments at exit points of the qualification, unless ETQA policies specify otherwise. Moderation should also encompass achievement of the competence described both in individual Unit Standards as well as the integrated competence described in the qualification. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The Constitution of the Republic of South Africa.
  • The South African Schools Act 84 of 1996(as amended).
  • Supporting legislation and regulation (National Education Policy Act (27 of 1996) as amended (NEPA), White Papers 5 and 6, Provincial legislation and Regulations).
  • Relationships between legislation, regulation, policy and guidelines.
  • Consequences of not adhering to legislation. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, group, organisation, community to:
  • Ensure that the SGB performs all its legislated functions in the best interest of the learners.
  • Run the SGB smoothly and efficiently. 

  • UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsively and effectively when:
  • Participating in the SGB.
  • Ensuring that due process is followed in the establishment and functioning of the SGB.
  • Performing SGB functions in a manner that does not infringe on the professional management of the school. 

  • UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information to:
  • Ensure that legislation is adhered to. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using visual, mathematical and/or language skills in the modes of oral and/or written presentation to:
  • Ensure that all members fully understand the SASA. 

  • UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  57712   Further Education and Training Certificate: Generic Management  Level 4  NQF Level 04  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. AFRICA COMPETENCY DEVELOPMENT (PTY)LTD 
    2. Compass Academy of Learning 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.