Media Release
Minister of Education Debbie Schäfer
Western Cape

8 September, 2016

WCED HOD issues code of conduct review circular to all schools.

Statement by Minister Debbie Schäfer, Minister of Education

Last week, I called on all schools in the Western Cape to review their Codes of Conduct to ensure that they are in line with the values of the Constitution, and representative of the School Community. I indicated that I will be asking my Department to formally issue a circular to this effect.

Today, this circular was issued.

Events at schools in Gauteng and the Western Cape in recent weeks have drawn attention to the importance of school codes of conduct that reflect the values of the Constitution of the Republic of South Africa, 1996.

The circular serves to remind schools to review codes of conduct periodically to ensure that they achieve their purpose in line with the Constitution, while taking into account ongoing discussion on what codes of conduct should require.

The circular intends to ensure that schools are aware of the following:

• When drafting a code of conduct all stakeholders of the school, namely parents, teachers and learners (including the Representative Council of Learners) must be involved and that the process must be participatory, open and transparent.

• If there are disagreements or uncertainties regarding the content of the code of conduct, it is important that this be discussed and ironed out among stakeholders before the code is formally adopted.

• A code of conduct is a legal document and must be drafted within the broader legal parameters provided by the Constitution of the Republic of South Africa, 1996. It should give effect to constitutional values, democratic principles and a human rights culture in the school.

• It important that the code of conduct also makes provision for a dispute resolution process which will allow for amendments in part or the repeal of a code of conduct.

• In adopting a code of conduct for learners, the governing body must act within its powers and in the best interests of the school and all the learners.

The WCED has also provided schools with the Department of Basic Education (DBE) booklet, which is aimed at assisting governing bodies in developing or reviewing the code of conduct of the school.

We have asked schools to suggest amendments to the DBE's guideline, as the WCED continues to improve its approach to drafting codes of conduct.

I believe that this process can be conducted in a transparent and participatory way, without disruption to teaching and learning time, or violence.

If there are schools where learners or parents have legitimate concerns with this review process, they are to please report this to the WCED. We will assist in this process where necessary.

It is important that all schools ensure that their codes of conduct represent the inclusive society in which we live and are in line with the values of our Constitution. Discipline and authority is required at all schools. However, it is important that there is a healthy balance between school discipline and behaviour and individual rights.

Media enquiries:
Jessica Shelver
Spokesperson for the Minister of Education, Debbie Schäfer
Western Cape Education Department
Tel: 076 175 0663