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LEGISLATION ON FUNDING SOUTH AFRICA'S PUBLIC EDUCATION (**PUBLIC…
LEGISLATION ON FUNDING SOUTH AFRICA'S PUBLIC EDUCATION
THE SOUTH AFRICAN SCHOOL ACT(SASA :) ACT 84 OF 1996
Section 21
SGB additional Functions
✔Maintaining, improving educational materials and school properties
✔Determine extra -Mural curriculum
✔Service payments
✔Textbooks purchases
Section 20
SGB establiments
Financial record
Appoint auditor & establish financial committee
Annual budget to be approved by parents
Administration of funds
School fees
Fundraising
Supplement the fund to improve quality education
Submit audited annual financial statements
Keep financial record of he school
Section 16 (1)
Principals
✔Threatened
✔Misappropriation
✔ Mismanagement
✔Facilitating
✔Professional Development
✔Accountable
✔Professional Management
✔Employee of Department
School Governing Body (SGB)
✔Fiduciary
✔Delegate
✔Mandated
✔Financial Management
✔Accountable
✔School Governance
✔Strict Adherence to prescribed obligations,Functions & Exercises
Chapter 3
Defined Public School
Section 15
School
🌹Enter contracts
🌹Right to sue
🌹Bearers of rights & responsibilities
🌹Right to remedial actions
🌹As Juristic Person
🌹Legal capacity
EDUCATIONAL LAW AMENDMENT ACT (ELAA)
Act 23
Managing learning support materials and equipments
Keep all school record safe
Implementation of all educational and curriculum activities
Implement all legislation and policy
Academic perfomance
Inform SGB on policy and legislation
Prepare and submit annual report
SGB & Principal ensure effective execution of sound, water tight financial policy and procedures
Regular checks and counter-checks to avoid mismanagement and misappropriation of funds
Act 25
Principal to place the interest of the school before the interest of the department
Principal to face disciplinary hearings for not adhering to department directives.
Act 20**
Amendment Section 16 of SASA**
✨Principal represent HOD in the SGB
✨Assists SGB through functions and responsibilities
✨Define additional functions and responsibilities of public school's principals
✨Assistance not to conflict legislation and policies
**PUBLIC FINANCE MANAGEMENT ACT 29 of 1999(PFMA)
50% -teaching and learning. 50% on service rendered, repairs and maintenance.
Principal to adhere to department's directives
Funds are ring-fenced
Funds directly to be in the school's banking account.
HOD's & Accounting Officers prescribe circulars on how state resources should be spent.
Has no direct bearing on school
Make sure public revenue, expenditure, assets, and liabilities are managed efficiently and effectively.
Regulate financial management
CONSTITUTION
Section 29 (1) of 1996-Everyone's right to basic education
*CIRCULARS
Circular: 059 of 2005: Debt collections on behalf of public school
Circular: 004 of 2004: Submission of financial reports
Circular of 2003: Annual audited financial statements
Circular: 027 of 2001: Audits appointed under Section 43 (2) (b) of SASA
Circular: M2 of 2018: Legal interpretation for section 27 of SASA regrading Necessary expenses
Circular: 039 of 1999: School fees exemption
Circular: M4 of 2017: Disclosure of interest
Circular : M3 FINAL: Compliance with SASA
References
:
Basic Financial System for schools Manual. (2019, January ,22) Retrieved from:
https://wcedonline.westerncape.gov.za
Bisschoff,T & Mestry,R.2009.
Financial school management explained
.3rd edition.Cape Town. Pearsons
Public Financial Management Act No.1 1999 and Regulations. (2019, January, 22). Retrieved from:
https://www.gov.za
South African Schools Act No 84 of 1996. (2019,January, 20). Retrieved from:
https://www.gdeadmissions.gov.za/Content/Files/SchoolsAct.pdf