Navorsingsresultate toon dat treitering ‘n ernstige probleem is wat wêreldwyd voorkom, ook in Suid-Afrika en dat die getal slagoffers wat daardeur geraak word skrikwekkend hoog is. Die doel van hierdie studie is om die regsimplikasies van treitering van leerders deur mede-leerders in Suid-Afrikaanse openbare skole vir die onderwysbestuur en onderwysreg te ondersoek en te beskryf. Met die term “onderwysbestuur” word verwys na onderwys op nasionale vlak, provinsiale vlak en skolevlak. Die regsimplikasies vir die onderwysreg is hoofsaaklik daarin geleë dat daar nuwe kennis tot die onderwysreg toegevoeg word. Dit is aksiomaties dat regsimplikasies onlosmaaklik verbonde is aan regsreëls. Daar kan slegs sprake wees van regsimplikasies van ‘n aangeleentheid as daar regsreëls is wat die aangeleentheid beheer en rig – in die geval van hierdie studie, die regsreëls wat die bestuur en hantering van treitering in Suid-Afrikaanse openbare skole rig en beheer. Die regsreëls wat die bestuur en hantering van treitering in Suid-Afrikaanse openbare skole rig en beheer, is deel van die Handves, internasionale kinderregte-ooreenkomste, wetgewing, die gemene-reg, deliktereg, die strafreg en regspraak. Om die navorser in staat te stel om die regsreëls in ge-noemde regsbronne te identifiseer, is ‘n deeglike kennis van die fenomeen “treitering” noodsaaklik. Om die regsimplikasies van hierdie regsreëls te bepaal, beteken dat hierdie regsreëls binne die konteks van “treitering” as fenomeen geïnterpreteer moet word. Daar moet dus beskryf word hoe hierdie regsreëls toepassing vind met betrekking tot treitering. Die interpretasie van hierdie regsreëls binne die konteks van treitering geskied deur middel van semi-gestruktureerde onderhoude met geïdentifiseerde respondente wat geïdentifiseer is op grond van hul kennis van spesifieke regsdissiplines en die praktyk soos byvoorbeeld menseregte en kinderregte, die gemenereg, die deliktereg, die strafreg, die onderwysreg asook die regspraktyk en onderwysregspraktyk. Die beskrywing van die regsimplikasies vir die onderwysbestuur en onderwysreg is hoofsaaklik gegrond op die response (bevindinge) van die respondente, maar die regsimplikasies word uitgebrei deur die response van die respondente te verbind aan veelvuldige bronne van informasie. Hierdie aanvullende informasie wat aangewend word vir ryker beskrywing (“thick description”) lei ook die navorser tot die identifisering of beskrywing van verdere implikasies wat nie noodwendig in die respondente se response na vore gekom het nie. Die regsimplikasies van die treitering van leerders deur mede-leerders is omvattend en het implikasies vir die onderwysbestuur op nasionale vlak, provinsiale vlak, distriksvlak en skolevlak en wel ten opsigte van die volgende afdelings van die Suid-Afrikaanse reg: fundamentele regte, wet-gewing, die deliktereg en strafreg. ENGLISH: Research results indicate that bullying is a serious problem worldwide, South Africa included, and that the number of victims affected is alarmingly high. The purpose of this study is to investigate and describe the legal implications that bullying of learners by fellow learners in South African public schools has for education management and education law. “Education management” refers to education at national, provincial and school levels. The legal implications for education law lie mainly in the fact that new information is being added to the body of education law. It is axiomatic that legal implications are inextricably bound to legal rules. One can only speak of legal implications if there are legal rules that control and direct them – in the case of this study it is the legal rules that control and direct the management and operation of bullying in South African public schools. The legal rules that control and direct the management and operation of bullying in South African public schools are part of the Bill of Rights, international children’s rights conventions, legislation, common law, law of delict, case law and criminal law. A thorough knowledge of the phenomenon “bullying” was necessary to enable the researcher to identify the legal rules contained in the legal sources mentioned. In order to determine the legal implications of these legal rules, it was necessary to interpret these legal rules within the context of the phenomenon “bullying”. It was therefore necessary to describe how these legal rules are applied with regard to bullying. The interpretation of these legal rules within the context of bullying was done by means of semi-structured interviews with identified respondents who were identified on grounds of their knowledge of specific law disciplines and practice such as human rights and children’s rights, common law, the law of delict, criminal law, education law and legal practices and education law practices. The description of the legal implications for education management and education law is based mainly on the responses (findings) of the respondents, but the legal implications are extended by linking the responses of the respondents with many other sources of information. This supplementary information, which is used to enrich the description (thick description), also led the researcher to identifying or describing additional implications that were not necessarily evident from the responses of the respondents. The legal implications of the bullying of learners by fellow learners, are comprehensive and have implications for education management at national level, provincial level, district level and school level, especially in terms of the following sections of South African law: fundamental rights, legis-lation, the law of delict and criminal law. / Thesis (PhD)--University of Pretoria, 2008. / Education Management and Policy Studies / unrestricted

The concept duty of care is defined as heedful, careful guarding, supervision of a minor, and/or overseeing. An obligation rests on teachers to scrupulously see to the safety (and also the well-being) of all learners entrusted to them. Hence teachers are responsible for the physical safety of learners and for creating a safe haven for them. The Civil Technology workshop teacher has an increased caring duty towards his learners due to the potential life-threatening circumstances and conditions that can prevail in his workshop compared to, for instance, the ordinary classroom environment. Furthermore, a specific legal duty rests on a person when he is placed in control of dangerous objects or machinery, seeing that he has to see to it that he ensures the safety of others through positive action. Internationally, the circular saw is statistically speaking seen to be the most dangerous woodwork machine in the Civil Technology workshop. Circular saws are responsible for more accidents than any other machine, and the most claims for damages against teachers and school managements also arise from it. Due to the underlying dangers inherent to circular saws and the presence thereof in Civil Technology workshops, it increases the risks attached to the caring supervision duty of the Civil Technology teacher to a great extent. Civil Technology workshop teachers are therefore confronted by unique challenges in their workshops. Hence it is essential that they be equipped with sufficient knowledge pertaining to educational law so as to make head against these challenges. Civil Technology workshop teachers should therefore not only be aware of all common law principles, relevant legislation and case law as applicable to workshops, but also be able to apply it in practice in the workshop environment. This practical application furthermore requires workshop teachers to be knowledgeable to be able to maintain workshop machinery in a safe working condition through regular upkeep and maintenance. An empirical investigation (n=38) was launched, based on a questionnaire filled in by all Civil Technology teachers and their heads of department North West where Civil Technology is presented as a choice subject at high schools. The aim of the empirical investigation was to determine: * what the level of Civil Technology workshop teachers‘ expertise and knowledge is regarding legal key issues concerning their caring supervising duty, and * to what extent effective safety management of woodwork machinery in Civil Technology workshops is applied. The empirical investigation found, amongst others, that: * The respondents do not have sufficient knowledge of the principles pertaining to educational law to apply it in the Civil Technology workshops of the study population practically. * Civil Technology workshop teachers and heads of department should have a high degree of expertise with a view to execute their duty of care. Poor educational law training can possibly be proffered as reason why their level of expertise cannot be seen to be sufficient in a case where an increased level of duty of car is required in potentially dangerous workshops. Following on above-mentioned findings, specific recommendations were made to all role-players involved that are involved in learner safety in Civil Technology workshops. These recommendations may possibly contribute to increased and more effective caring supervision in promoting learner safety. / Thesis (MEd (Education Law))--North-West University, Potchefstroom Campus, 2012

The concept duty of care is defined as heedful, careful guarding, supervision of a minor, and/or overseeing. An obligation rests on teachers to scrupulously see to the safety (and also the well-being) of all learners entrusted to them. Hence teachers are responsible for the physical safety of learners and for creating a safe haven for them. The Civil Technology workshop teacher has an increased caring duty towards his learners due to the potential life-threatening circumstances and conditions that can prevail in his workshop compared to, for instance, the ordinary classroom environment. Furthermore, a specific legal duty rests on a person when he is placed in control of dangerous objects or machinery, seeing that he has to see to it that he ensures the safety of others through positive action. Internationally, the circular saw is statistically speaking seen to be the most dangerous woodwork machine in the Civil Technology workshop. Circular saws are responsible for more accidents than any other machine, and the most claims for damages against teachers and school managements also arise from it. Due to the underlying dangers inherent to circular saws and the presence thereof in Civil Technology workshops, it increases the risks attached to the caring supervision duty of the Civil Technology teacher to a great extent. Civil Technology workshop teachers are therefore confronted by unique challenges in their workshops. Hence it is essential that they be equipped with sufficient knowledge pertaining to educational law so as to make head against these challenges. Civil Technology workshop teachers should therefore not only be aware of all common law principles, relevant legislation and case law as applicable to workshops, but also be able to apply it in practice in the workshop environment. This practical application furthermore requires workshop teachers to be knowledgeable to be able to maintain workshop machinery in a safe working condition through regular upkeep and maintenance. An empirical investigation (n=38) was launched, based on a questionnaire filled in by all Civil Technology teachers and their heads of department North West where Civil Technology is presented as a choice subject at high schools. The aim of the empirical investigation was to determine: * what the level of Civil Technology workshop teachers‘ expertise and knowledge is regarding legal key issues concerning their caring supervising duty, and * to what extent effective safety management of woodwork machinery in Civil Technology workshops is applied. The empirical investigation found, amongst others, that: * The respondents do not have sufficient knowledge of the principles pertaining to educational law to apply it in the Civil Technology workshops of the study population practically. * Civil Technology workshop teachers and heads of department should have a high degree of expertise with a view to execute their duty of care. Poor educational law training can possibly be proffered as reason why their level of expertise cannot be seen to be sufficient in a case where an increased level of duty of car is required in potentially dangerous workshops. Following on above-mentioned findings, specific recommendations were made to all role-players involved that are involved in learner safety in Civil Technology workshops. These recommendations may possibly contribute to increased and more effective caring supervision in promoting learner safety. / Thesis (MEd (Education Law))--North-West University, Potchefstroom Campus, 2012