Policy-making by public school governing bodies: law and practice in Gauteng

The South African Schools Act stipulates that school governing bodies are responsible for drafting certain school policies. This article reports on a qualitative research study conducted in 50 schools in Gauteng to trace the functionality of the school governing bodies with regard to policy-making. A critical evaluation of the admission, language and religious policies as well as codes of conduct provides substantial evidence that school governing bodies are committed to the values of equality and human dignity, and actively promote non-racism and non-sexism in their policies

The Constitution as a limitation on government power in educational contexts

Government authority can be described as the power to prescribe and the power to enforce such prescription. The term 'power' is often used as a synonym for 'authority', for example, when referring to the separation of powers doctrine. A contentious issue in the history of Western political thought is the problem of how to control governmental power. Although governmental power is essential to the realisation of certain values in societies, such as justice, freedom and equality before the law, every government may deteriorate and become destructive of the values it was intended to promote. The fundamental place of parliament in a democratic constitutional system is undisputed; its real role and influence, however, is more debatable. The question that arises is whether parliaments should be regarded as rubber-stamp chambers for the majority party?am2013gv201

Incorporating international standards into national education law in South Africa : the accountability of the state

The aim of this article is to assess the extent to which the international norms and standards related to the right to education are incorporated into the national education laws in South Africa.http://reference.sabinet.co.za/sa_epublication/sapr1http://www.unisa.ac.za/Default.asp?Cmd=ViewContent&ContentID=21413am201

Race classifiction and equal educational opportunities in South African schools

In South Africa, there is constitutional protection against segregation and unfair discrimination on the basis of race. The connection between school integration and a legitimate governmental purpose to further or achieve equal educational opportunities for everyone necessitates an investigation into the meaning of equal educational opportunities for everyone. Transformation in South Africa relates to the consolidation of democracy by eradicating social and economic inequalities that were generated among others by the history of colonialism and apartheid. Remedial action (transformation) should be assessed against five criteria – moral foundations, constitutional foundations, burdens on previously disadvantaged groups, burdens on previously advantaged groups, and the existence of a logical stopping point. Equity of access and the removal of institutional discriminatory practices will not necessarily ensure the attainment of quality and equity in education, unless access and equity also imply providing learners with an equal chance to succeed. In applying race classification policies in South African schools, the best interests of the child shall be of paramount importance, such interests being determined from a subjective, child-centred perspective which attempts to make race classification meaningful from the child’s point of view.http://www.wolfpublishers.com/book.php?id=155am201

Deursoeking en beslaglegging van leerders in skole in 'n grondwetlike demokrasie : 'n vergelykende ontleding van Suid-Afrika en die Verenigde State

In hierdie artikel word die regsraamwerk wat die effektiewe bestuur van deursoeking en beslagleggingsaksies rig, gebruik om die reg van leerders op privaatheid in gevalle van onredelike deursoeking en beslaglegging van leerders se besittings in Suid-Afrika te vergelyk met die Verenigde State. In Suid-Afrika mag 'n skoolhoof of die persoon aan wie hierdie gesag gedelegeer is, 'n groep leerders of die besittings van 'n groep leerders lukraak deursoek vir enige gevaarlike voorwerp of onwettige dwelmmiddel, mits daar 'n billike en redelike vermoede bestaan. In die Suid-Afrikaanse reg word die begrippe deursoeking en beslaglegging nie duidelik gedefinieer nie. Hoewel daar riglyne gepubliseer is wat die bestuur en voorkoming van dwelmmisbruik in skole rig, word deursoeking van leerders tans oorgelaat aan eie oordeel wat van een geval tot die volgende gebruik word. Deursoeking noodsaak 'n mate van skending van die reg op privaatheid van leerders of hulle besittings. Daar is 'n belangrike verskil tussen Suid-Afrika en die Verenigde State wat betref die vryheid om 'n individu te mag deursoek. In die Verenigde State mag 'n skoolhoof nie 'n groep leerders deursoek as daar 'n redelike vermoede bestaan dat een van hulle 'n moontlike oortreding begaan het nie. Indien daar 'n redelike vermoede bestaan dat 'n individuele leerder 'n moontlike oortreding begaan het, mag slegs daardie leerder deursoek word. In die artikel word onderwysers gemaan dat elke situasie waartydens deursoeking of beslaglegging betrokke is van mekaar verskil en dat 'n presedent moeilik gevolg kan word. Nuwe hofuitspake en verskillende omstandighede noodsaak verskillende optredes. Die doel met deursoeking en inbeslaglegging van leerders se besittings moet verband hou met die handhawing van goeie orde en dissipline by 'n skool en nie met die toepassing van strafreg nie.http://www.dejure.up.ac.za/am2014gv201

Policy-making by public school governing bodies: law and practice in Gauteng

The South African Schools Act stipulates that school governing bodies are responsible for drafting certain school policies. This article reports on a qualitative research study conducted in 50 schools in Gauteng to trace the functionality of the school governing bodies with regard to policy-making. A critical evaluation of the admission, language and religious policies as well as codes of conduct provides substantial evidence that school governing bodies are committed to the values of equality and human dignity, and actively promote non-racism and non-sexism in their policies

South Africa’s approach to school safety : can it succeed?

In 1999, the Department of Education announced the Tirisano-plan for enabling the development of a fully-functioning education and training system in South Africa. As a result of this plan the Safe Schools Project was launched in 2000 to create safe disciplined learning environments that "celebrate innocence and value human dignity". Subsequently, the Regulations for Safety Measures at Public Schools, were published in the Government Gazette No. 22754 of 12 October 2001. The Safe Schools Project focussed on the development of policies on school safety, the management of drug usage in schools and a national sexual harassment policy. This article examines documents such as acts, government notices, policies, national and international case law to understand concepts such as 'a disciplined school' and 'safety and security of learners'. Furthermore, the article provides an understanding of the legal issues confronting educators and departmental officials in respect of school discipline and safety. Providing information through policies is but one way to address school safety. A proactive approach requires both education authorities and educators to protect all learners' right to freedom and security and to act expeditiously to prevent them from any form of harm

The role of the South African criminal law system in managing and preventing bullying in South African schools

The phenomenon of bullying is an aggressive form of conduct. This conduct includes intentional threatening behaviour, verbal and physical abuse, psychological abuse, abusive relationships and racial and sexual abuse. Although not primarily or necessarily of a criminal nature, many of the forms of conduct also constitute criminal conduct. Although research shows that the criminal justice system can be used both pro-actively and reactively in the management of bullying in schools, it would appear that school principals in South Africa are, for various reasons, unwilling to invoke the use of the criminal justice system in managing bullying. One way of doing this is by lodging a criminal charge against the bully. There are, however, other pro-active and reactive ways in which the criminal justice system can be used to manage bullying, including: by applying restorative justice; by using criminal law as a deterrent; co-operation between the public prosecutor and the probation officer; involving the South African Police Service; or a written warning addressed to the bully and to his or her parents. After analysing the various options the article concludes with a recommendation that the criminal justice system ought to play a role in the management of bullying in schools. Circumspection is required, especially when lodging criminal charges. When the aid of the criminal justice system is invoked, especially in the case of a criminal charge, the following principles should be kept in mind, namely that the law regards juveniles as a group requiring special treatment with regard to the application of the criminal law and the school is an educational institution where learners are taught the standards of conduct of responsible adults in civil society

Establishing discipline in the contemporary classroom

The meaning that individual educators attach to the word “discipline” has a bearing on the discipline strategy that they would tend to employ in order to establish discipline in their classrooms. This article explores the different meaning(s) that are attached to the word “discipline” by educators in schools. It also explores the challenges that educators have to deal with in their classrooms as well as the discipline strategies that are been used by educators in their classrooms. The study concludes with recommendations suggesting proactive strategies that are easy to implement and would be useful to educators