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www.fedsas.org.za

Respect for the law, respect for

authority and leadership as

pre-requisites for success

Dr. Jaco Deacon

SAELA

2 September 2019

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www.fedsas.org.za

“The ethics of the school refers to the ethical values and standards that

determine the interactions within a school and with its external

stakeholders”

“School ethics”

© Ethics Institute of South Africa

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2018 FEDSAS environmental

analysis - values

280 schools took part in this survey

90% - value driven schools

Top 10 values in schools:

1. Respect 6. Loyalty

2. Honesty 7. Friendliness

3. Responsibility 8. Love

4. Integrity 9. Excellence

5. Compassion 10. Humbleness

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16 August 2012

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8/16 could have been our 9/11

We have missed an

opportunity!

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Prof Willem Landman (The then CEO of the

Ethics Institute of South Africa)

Three important factors to consider in

light of the Marikana events:

Respect for the law

Respect for authority

Leadership

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The education system is

bleeding…

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Malcolm Gladwell

“When people in authority want the rest

of us to behave, it matters—first and

foremost—how they behave.”

David and Goliath: Underdogs, Misfits, and the Art of

Battling Giants

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School community

School / Governance / Management

System level: Department/

District/

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Respect for the law

Legal compliance does not mean you are doing the right thing

Justice must not only be done, it must be seen to be done

“You cannot make men good by law: and without good men you cannot have a

good society.”CS Lewis

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The Constitution

Suprema lex – section 2

Section 28 – Children

(2) A child’s best interests are of

paramount importance in every matter

concerning the child.

Section 29 - Education

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Discipline in the class: Hawekwa Youth Camp and Another v Byrne 2010 (6) SA 83 (SCA)

Financial management: Schoombee and Others v MEC for Education, Mpumalanga and Another 2002 4 SA 877 (T)

Policy: HOD, Department of Education Free State v Welkom High School and Others 2014 (2) SA 228 (CC)

Municipal Fees: Fichardtpark Primêre Skool v Mangaung Metro Municipality Case.no. 3766/2019 in the High Court, Free State

Division, Bloemfontein (15/08/19)

Educators and non-educators: Centre for Child Law and Others v Minister of Basic Education and Others 2013 (3) SA 183 (ECG)

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Respect for authority

Disregard for authority = anarchy

Not only respect for the state authority

(government and police), but also

respect for educators, parents and

others

Respect must be earned.

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Discipline in the class….

Policy: MEC for Education in Gauteng Province and Other v Governing Body of Rivonia Primary School and Others 2013 (6) SA

582 (CC)

Textbooks – Section 27 and Others v Minister of Education and Another (24565/2012) [2012] ZAGPPHC 2013 (2) SA 40 (GNP)

Infrastructure – Equal Education and Another v Minister of Basic Education and Others (276/2016) [2018] ZAECBHC 6 (19 July 2018)

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Rivonia (SCA)

[34] Before I consider the central issue in this appeal – whether a governing body has the authority to determine school capacity as an incident of admission policy, and if so whether a provincial authority may override this determination – it must be borne in mind from what I have said thus far that the structure of the Act and its underlying philosophy places the governance of the school in the hands of the local community through the governing body, while officials of the department are responsible for professional management and for the administration of admissions. These functions are distinct and a failure to see them as such will compromise the objectives of Act and be at odds with its scheme.

[35] That does not mean, however, that the authority of a governing body to govern a school is absolute.

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Welkom (SCA)

[l0] The governing body's primary function is to promote the interests of the school and ensure the provision of quality education for its learners. The powers of a governing body are limited and it may only perform such functions and obligations and exercise only such rights as prescribed by the Act. The limited nature of the powers of a governing body was confirmed by the Constitutional Court in Head of Department, Mpumalanga Department of Education & another v Hoërskool Ermelo & another, where Moseneke DCJ stated (par Para -56) that a governing body has 'defined autonomy over some of the domestic affairs of the school'.

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Welkom (SCA)

Par 24 - The HOD says that by issuing

the instructions to the principals he

was acting in the best interests of the

learners who were being denied access

to school in terms of unlawful and

unconstitutional polices. The purest of

motives of the HOD cannot justify what

amounts to self-help.

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Leadership

A vision for South Africa…

Pre-amble of the Constitution

Improve the quality of life of all citizens and

free the potential of each person

Positive influence – leaders must do

something…

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Malcolm Gladwell…

When people in authority want the rest of

us to behave, it matters—first and

foremost—how they behave.”

School community

School / Governance / Management

System level: Department/

District/

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Economic Freedom Fighters and

Others v Speaker of the National

Assembly and Another [2017]

ZACC 47

Better known as the Nkandla matter

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“[217] The Constitution demands of all

those on whom it imposes obligations,

to fulfil them diligently and without

delay. It is the duty of this Court to

ensure that this injunction is followed.”

When people in authority…..

SA Reality

Chief Justice Mogoeng Mogoeng

“Ethical leadership is not an option but a national imperative”

"[It] really isn't an option but a national imperative because when you are a leader you have the authority to influence those that you lead, and it is what you do that largely determines what those who follow you are likely to do."

"We are where we are as a result of what unethical leadership did to us as a nation"

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King principles of good governance

Principle 1

The governing body should

lead ethically and effectively.

Principle 2

The governing body should

govern the ethics of the

organisation in a way that

supports the establishment

of an ethical culture

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Andy Stanley

“We protect best what we

value most”

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“Ethics Quick Test”

1. Is it legal?

2. Do my organisation’s Code of Ethics/Conduct and other policies allow it?

3. Do my professional standards allow it?

4. What would my ethical role model do?

5. How would it look on the front page of tomorrow’s newspaper?

6. How does it make me feel?

7. Would I be comfortable sharing my decision with my closest family?

8. Does it pass the Golden Rule test?

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www.fedsas.org.za