The Supreme Court of Appeal has upheld an appeal of the North West Education MEC in regard to powers to promulgate school hostel regulations.
The unanimous judgment held that school governing bodies do not have exclusive authority over the governance of schools and by extension, school hostels. Therefore the governing bodies do not have unfettered powers to administer school hostels.
The High Court earlier upheld an application by the Federation of Governing Bodies for South African Schools to review and set aside the North West provincial school hostel regulations. Following the refusal of leave to appeal, the department approached the SCA directly and the case was referred for argument.