The School Governing Body Grey College, Bloemfontein v Scheepers and Another

Grey College, a public school, employed Mr Deon Scheepers as its principal following recommendation by its School Governing Body (SGB) and appointment by the provincial Head of Department under the South African Schools Act 84 of 1996. In May 2018, after alleging a breakdown of trust and various complaints against him, the SGB convened a special meeting and resolved to withdraw all powers and functions it claimed to have delegated to Mr Scheepers, appointing an interim school manager to manage almost all school activities except teaching and learning. Mr Scheepers was given little prior information, denied a postponement, and confronted with complaints without notice. He approached the High Court to review and set aside the SGB’s decision, alleging it was unlawful, procedurally unfair, and beyond the SGB’s statutory powers.

The appeal was dismissed with costs, including the costs of two counsel. The High Court’s order setting aside the SGB’s decision and granting declaratory relief in favour of Mr Scheepers and the South African Teachers’ Union remained in force.

This case is significant for clarifying the statutory separation between governance by school governing bodies and professional management by principals under the South African Schools Act. It affirms that principals exercise their core management functions by operation of law, not at the pleasure of governing bodies, and that SGBs are organs of state subject to PAJA. The judgment strengthens legal protection for school principals against unlawful interference by governing bodies.