Abstract
M.Ed.
This research departs from the premise that within the school, the principal as a
professional leader, is vested with some kind of authority which he' exercises in order
to ensure effective and efficient management of his school. He is the central
authoritative body and the pivot on which management powers and their delegation
hinge. He derives this apparent authoritative legal status from his position as a
principal and professional leader of a school (Bray, 1988:44).
Placed in this situation, the principal is called upon to utilize a wide range of
competencies in carrying out his job and delegation is one of the most important
management techniques he must rely on, if he wants to be successful. However,
delegation of authority does require consideration of some legal implications such as
the legal limitation that certain tasks delegated by law cannot be further delegated.
Schools, like other organizations, are legally established organizations set up to serve
specific functions, and like all organizations, they need to be administered and properly
managed. Invariably, within the school final authority over most aspects of schooling
rests with the school principal. Engelking (in Hostrop,1990:200) argues that "the
principal of a successful high school is an initiator, one who displays creativity and
vision in decision-making, one who is able to delegate responsibility as appropriate and
analyzes information relative to school problems".
Delegation is one of the principal's management tasks. It is carried out by entrusting
duties to others who are subordinates and involves dividing work meaningfully and
ensuring its effective execution by selecting people who are responsible for the results
and can achieve the objectives (Van der Westhuizen, 1991:172).
The word 'he' in this research does not denote gender distinction but will be used to mean either a male
or a female principal.
Delegation of tasks by the principal takes place on a daily basis. It involves delegating
authority to deputies, heads of departments and other staff members. The principal has
a wide range of discretionary powers to decide how, when and to whom he may
delegate his authority. He is naturally vested with a high degree of authority (Bush,
1989:24). It is, therefore more than important for the school principal to delegate
authority if he wants to be successful. This view is also echoed in the following
remarks made by one principal as quoted by Steyn and Squelch (1997:4) that "it is
imperative that the principal must understand that he cannot successfully address every
single issue in the school and it is important that he delegates" and that this is the only
way in which subordinate educators could be empowered and participate in shared
decision-making.
It is, therefore more than important for the school principal to understand the legal
nature of delegation. Shoop and Dunklee (1992:14) rightly argue that, "in today's
litigious society, principals are wise to consider every management situation as a
source of potential litigation". Arguing along the same lines, Alston and Van Staden
(1999:1) argue that one would be surprised to know that many school principals in
South Africa do not know how many school related cases have reached the courts,
cases which have established important legal principles which are relevant in 1999. It
is, however submitted that school principals cannot be familiar with each and every
individual court case relevant to their management of schools but it has since become
important for management to become aware of the fundamental legal principles
established. It is therefore essential that every principal should be able to conduct
school management and administration in such a way that legal defence will not be
needed.
Assessing the legality of the principal's action is, however, not a simple task because
as Squelch (1999:2) correctly puts it "nowadays, school governors, including
principals and teachers, find themselves operating in a very different legal context,
which demands far greater responsibility and accountability". Bray's opinion
(1988:42) is that for effective school management and administration, it is of the
utmost importance for the principal to delegate authority and for him to cultivate a
sense of legal consciousness