South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 3 : Public Schools 23. Membership of governing body of ordinary public school |
| 1) | Subject to this Act, the membership of the governing body of an ordinary public school comprises – |
| a) | elected members; |
| b) | the principal, in his or her official capacity; |
| c) | co-opted members. |
| 2) | Elected members of the governing body shall comprise a member or members of each of the following categories : |
| b) | educators at the school; |
| c) | members of staff at the school who are not educators; and |
| d) | learners in the eighth grade or higher at the school. |
| 3) | A parent who is employed at the school may not represent parents on the governing body in terms of subsection (2)(a). |
| 4) | The representative council of learners referred to in section 11(1) must elect the learner or learners referred to in subsection (2)(d). |
| 5) | The governing body of an ordinary public school which provides education to learners with special needs must, where practically possible, co-opt a person or persons with expertise regarding the special education needs of such learners. |
| 6) | A governing body may co-opt a member or members of the community to assist it in discharging its functions. |
| 7) | The governing body of a public school contemplated in section 14 may co-opt the owner of the property occupied by the school or the nominated representative of such owner. |
| 8) | Subject to subsection (10), co-opted members do not have voting rights on the governing body; |
| 9) | The number of parent members must comprise one more than the combined total of other members of a governing body who have voting rights. |
| 10) | If the number of parents at any stage is not more than the combined total of other members with voting rights, the governing body must temporarily co-opt parents with voting rights. |
| 11) | If a parent is co-opted with voting rights as contemplated in subsection (10), the co-option ceases when the vacancy has been filled through a by-election which must be held according to a procedure determined in terms of section 28(d) within 90 days after the vacancy has occurred. |
| 12) | If a person elected as a member of a governing body as contemplated in subsection (2) ceases to fall within the category referred to in that subsection in respect of which he or she was elected as a member, he or she ceases to be a member of the governing body. |