Learner discipline in South African public schools – a qualitative study

Recent research has shown that the involvement of youth in the liberation struggle which ended in 1994 caused them to develop arrogance towards adults, that is, both educators and parents. Another reason for the decline in the level of discipline in recent years might be the overemphasis on human rights, especially children’s rights, in reaction to the increase in child abuse or the lack of a human-rights culture in the apartheid era. A lack of learner discipline may seriously hamper the teaching and learning process, and, if disruptive behaviour prevails, education cannot be successful. This article focuses on educators’ positive and negative reactions to learner misconduct in South African public schools, as revealed by qualitative data gathered by means of interviews, as part of a national research project on learner discipline. Fourteen schools were visited by a group of researchers and field workers, during which principals, other educators and learners were interviewed. Special reference is made to forms of learner misconduct that have the most prominent influence on discipline, possible causes of these, and preventative or proactive measures taken by educators to restore or maintain learner discipline. Value-driven approaches to discipline and to approaches that might be educationally unsound, are also incorporated. All the mentioned approaches are evaluated from within a reformational framework

Die reg op basiese onderwys in Suid-Afrika

The right to basic education in South Africa Education is most effective within a culture of human rights. The right to education is one of the internationally recognised fundamental rights of a child. In this article the right to education is discussed against the background of the development of children’s rights since 1924. Special attention is given to the 1989 Convention on the Rights of the Child, consisting of internationally acceptable principles and minimum standards for education and the general welfare of children. In this article “basic education” is first defined, followed by a clarification of the international principle of “free education”. Although free education is not guaranteed by the South African Constitution, everyone has the constitutional right (as well as the obligation) to receive basic education. Another prominent aspect of the article is a discussion of the provision of basic education in the learner’s mother tongue, as well as the extent of limitations to the freedom of choice of the language of instruction. This right of all people in the diverse South African society is weighed up against other constitutional principles such as reasonableness, practicability and affirmative action. What must be kept in mind as well, is that the understanding of the Bill of Rights is still in a developmental phase and subject to much interpretation, especially by the Constitutional Court

The accountability and professional security of the South African higher education lecturer

The widening of access to higher education (HE) for more students has been a strategic priority of the South African (SA) Department of Higher Education and Training (DHET) over the past decade.  Simultaneously, lecturers are increasingly held to account for providing quality teaching and delivering employable graduates. Yet their work environment is characterised by poor support, lack of recognition for teaching efforts, and absence of legal protection when failing to fulfil the undefined yet high accountability expectations in their teaching-related work. This article reports on an empirical study, grounded in an inductive qualitative methodology from an interpretive-phenomenological perspective, which aimed to develop understanding of how SA lecturers involved in undergraduate teaching at three SA universities perceive accountability and security within their labour environment.  From the analysis and interpretation of semi-structured and focus group interview data, seven meaningful themes were identified, associated with either lecturer accountability or security.  The findings offer not only a clear delineation of internal and external teaching-related accountability, but also a comprehensive definition of lecturer professional security

Structure and agency: Clash or complement towards quality public education within the South African legislative framework?

In the current South African society, characterised by typical neo-liberal market-driven priorities also forced upon the education sector, the search for quality education needs careful consideration. This search has taken a prominent focus in robust academic, public, political, and school governance debates in South Africa for the past 2 decades. Officials of the Department of Basic Education (DBE) admit that, despite noteworthy efforts, it fails in providing quality education for all learners. Key stakeholders in education neglect their professional duties. This paper investigates factors related to (dominating) structure and (a lack of) agency that might be deterrents to attainment of quality education. Bureaucratic and labour structures often deny professional educators their agency. The central question is what the nature of the impact, if any, of the conflicting powers of structure and agency is on quality public education. It was found that the conflict between structure and agency often have a negative effect on the delivery of quality education but that the advantages of both structure and agency, once reconciled, might lead to the improvement of the delivery of quality education in South Africa.Keywords: agency; legislation; quality education; structure; unionis

Reconceptualising the standard of care in sport: The case of youth rugby in England and South Africa

Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby is regulated by the tort of negligence in England and delict in South Africa respectively. Regarding liability, for sport there are very specific factors that need to be taken into account. The article is concerned with, firstly, the broader context of sport as an important social and cultural activity, and secondly the specific sporting context that includes the rules of the game as well as the playing culture, with a focus on rugby at junior level. Through a critical and comparative analysis of how the standards of care in sport have been developed in both jurisdictions, the aim of this article is to consider how sport specific elements can be incorporated into the traditional legal principles. This comparative analysis contextualises the various discussions in the light of the differences between the English tort of negligence and the South African law of delict. Our argument is that the context and specificity of rugby should be more explicitly taken into account when evaluating potential liability. To establish a standard of care for sport is complex, with many factors to be taken into account and balanced against one another. The law of negligence/delict therefore needs to be adaptable and flexible to resolve new situations where injuries have occurred. Even in established situations where liability has been previously determined, novel events do occur and knowledge develops that requires a reconsideration of the principles that govern liability. In junior rugby, the risk of very serious injuries is relatively small and the law needs to tread a cautious path through liability, ensuring it is a vehicle that promotes sport rather than creating barriers to its enjoyment and practice. A greater understanding of sport, informed by detailed research, can unearth new areas of potential liability that will need to be considered in the future

Human rights in diverse education contexts

The focus of this publication is on answering the central research question: How can Human Rights be advanced with regard to different kinds of diversities, and in different educational settings? The publication pays special attention to the advancement of human rights in a variety of education-related contexts, in keeping with human rights as a declared national priority for both society at large and the education system. One strategic priority of the Faculty of Education is research based on market requirements and needs. This book strives towards meeting this expectation by directly aiming at building human rights and social justice in the South African society, public schools and higher education institutions. Adjudication in the education context of the constitutional values of dignity, equality and freedom focusses regularly on learners. The book highlights the value of education for full-fledged citizenship by delineating what schooling should entail to inspire learners towards both claiming equal freedoms and rights and taking accountability for the responsibilities attached to citizenship

Discipline in Education

This book addresses a perennial challenge to the success of the South African education system, namely, discipline. This volume steers the interrogation of discipline in a new direction, reflecting on ways in which recent research can benefit South African schools. This includes the need for alternative discipline that will enhance education. The scholarly contribution lies in its in-depth exploration of the relevance of research findings to South African schools and to the twenty-first-century socio-political environment. For the first time, scholarly interrogation of the issue of learner discipline in South African schools draws on indigenous knowledge systems. Its post-colonial and decolonial perspectives offer an ethical and moral compass for behaviour that could contribute to the well-being of South African society (and other societies similarly afflicted by anti-social behaviour). The book offers a range of perspectives on the debates on discipline and associated issues, and should stimulate future discussions on discipline and indiscipline at a time when South Africa and many other societies engage with the effects of social and political transformation. This scholarly book is aimed at academics and researchers. The contributors include philosophers, moralists, corporativists, education law specialists, curriculum specialists, specialists in education and culture, advocates of ubuntu, and people using meta-syntheses of approaches and practices and religious practices such as a Christian ethical/moral approach to parental and school discipline. They draw on their insights into postcolonialism, the impact of indigenous knowledge, theories of agency, dysfunctionality and school underperformance. The book offers an intriguing depiction of opposing views on discipline

Discipline in Education

This book addresses a perennial challenge to the success of the South African education system, namely, discipline. This volume steers the interrogation of discipline in a new direction, reflecting on ways in which recent research can benefit South African schools. This includes the need for alternative discipline that will enhance education. The scholarly contribution lies in its in-depth exploration of the relevance of research findings to South African schools and to the twenty-first-century socio-political environment. For the first time, scholarly interrogation of the issue of learner discipline in South African schools draws on indigenous knowledge systems. Its post-colonial and decolonial perspectives offer an ethical and moral compass for behaviour that could contribute to the well-being of South African society (and other societies similarly afflicted by anti-social behaviour). The book offers a range of perspectives on the debates on discipline and associated issues, and should stimulate future discussions on discipline and indiscipline at a time when South Africa and many other societies engage with the effects of social and political transformation. This scholarly book is aimed at academics and researchers. The contributors include philosophers, moralists, corporativists, education law specialists, curriculum specialists, specialists in education and culture, advocates of ubuntu, and people using meta-syntheses of approaches and practices and religious practices such as a Christian ethical/moral approach to parental and school discipline. They draw on their insights into postcolonialism, the impact of indigenous knowledge, theories of agency, dysfunctionality and school underperformance. The book offers an intriguing depiction of opposing views on discipline

The feasibility of localised strike action by educators in case of learner misconduct

Developments in South African labour legislation since the inception of the new democracy indicate serious attempts by the legislators to protect the interests of employees. The Bill of Rights has, concurrently, enshrined a variety of fundamental rights that, in principle, offer protection in the workplace. Despite this established, protective legal framework, South African schools regularly witness incidents where fundamental rights of educators are infringed. Numerous educators are currently convinced that their rights are put second to the rights of learners, even in cases of physical or psychological violence against them. Where ineffective enforcement of legislation by the state occurs, educators’ security is undermined. This article explores various ways of compelling the employer to enforce existing legislation effectively against learner delinquency that may impact on the security of a specific group of educators. The basic claim of the article is that industrial action by educators in the form of localised strikes is feasible, provided that all other remedies have been exhausted. It is concluded that justice should be visibly reinstated by the state as employer, in all cases where educators’ right to security are violatedhttp://www.sajournalofeducation.co.za/index.php/saje/article/view/523/29

The juridification of sport: a comparative analysis of children’s rugby and cricket in England and South Africa

This article takes as its point of departure the notion of juridification in sport and, in particular, the perspective that the term has previously often been used in sport and law literature in a too narrow and limiting sense. Using the work of Ken Foster as a platform, the article examines a more nuanced notion of juridification. It does this by first unpacking two levels of juridification – the more well-known notion of increased legal intervention is considered before moving on to a more sophisticated application of the idea in terms of its impact upon rules and practices in sport. Foster termed this juridification as domestication. The article then applies these ideas in a practical context by examining two applications of the two children’s sports (rugby and cricket) in England and South Africa. The article concludes as to the future developments that are likely to occur. Despite the economic and cultural differences it seems likely that South Africa will continue to follow England, as is the case with the first level of juridification, and that the rules and their enforcement will themselves become more domesticated. It is likely that coaches and educators will find themselves under increased pressure to conform from both a general fear of litigation and a changing internal regulatory regime of sport codes