- School governing bodies play an important role in interviews and recommendations, but they do not make the final appointment.
- The Head of Department may legally appoint another suitable candidate from the shortlist, even if that person was not the first choice.
- Equity, redress and representivity must be considered in every principal appointment process.
A recent judgment in the High Court in Polokwane involving the Saviour Association of School Governing Bodies and the Limpopo Department of Education has clarified who holds the power to appoint principals in South Africa’s public schools and what role school governing bodies play.
This case began when three school governing bodies at Thomo Primary School, Phalaborwa Primary School and Mashabela Primary School recommended candidates for principal positions. The department, however, appointed other candidates who were also on the recommended shortlist.
The governing bodies challenged this decision in court, arguing that they should have been consulted before the department selected candidates who were not their first choice. The High Court did not agree with their argument.
What school governing bodies do
School governing bodies are deeply involved in the appointment process. They help advertise vacancies, shortlist applicants, conduct interviews and submit recommended names to the provincial Head of Department in order of preference. This recommendation process is important, but it is just a recommendation.
Judge KL Pillay explained that governing bodies must ensure that the principles of equity, redress and representivity are upheld when assessing candidates.
Who makes the final appointment?
The final appointment power lies with the Head of Department. Section 6(3)(f) of the Employment of Educators Act provides that, despite the order of preference, the Head of Department may appoint any suitable candidate on the list.
That means the department is not legally bound to appoint the governing body’s first choice candidate. If another shortlisted candidate better meets legal or policy requirements, including employment equity obligations, that candidate may lawfully be appointed.
Must governing bodies be consulted again
Judge Pillay found there is no legal obligation to return to the governing body for further consultation simply because the Head of Department chooses another suitable candidate from the recommended shortlist.
The court held that there was no duty to revert to the School Governing Bodies as their recommendation was being followed.
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