M.Ed. / The year 1999 was one of the worst in as many years in terms of the number of disciplinary cases adjudicated over by the Directorate Labour Relations at the Gauteng Department of Education (hereafter referred to as GDE). A total number of 395 disciplinary cases were lodged with the GDE between 1999 and 2000 and these were serious charges such as: fraud, theft, insubordination, corporal punishment, negligence to sexual offences (Annexure A , GDE Internal Memo, 2001 ). This situation is not unique to the Gauteng Province only but is even worse in other provinces, where communities have gone on the rampage accusing some educators of impregnating their children, not providing quality education for their children and mismanagement of school funds. (Sapa. 2002. Natal Witness 23 January 2002, p 1.Thompson K. 2000. The Citizen 7 August 2000, p 9. Shillinger K, 2002. Mail and Guardian. 15 November to 21 November 2002, pp 2-3.) Ms. Patricia Boikanyo, a spokesperson for the North West Education Department reported that about 133 cases were lodged with her department between the period 2000 to 2002. She further indicated that about 34 educators had been expelled in the same period for crimes ranging from murder, attempted murder, assault, selling examination reports, absenteeism, neglecting duties, intimidation and pointing a firearm. She also reported that about 13 educators were expelled for having sexual relationships with learners, and some of these victims were junior primary school learners (Mfoloe M. 2003. Sowetan, 25 March 2003, p 6). The media on the other hand launched a scathing attack on the Department of Education (hereafter referred to as DOE) for not dealing decisively with educators who continuously disregard the law. “Rape is largely a risk-free activity, says an internal government study. And the rape of Angela (not her 1 real name) once again reveals a disturbing pattern of contempt for the victims, complacency in the justice system, and negligence on the part of those responsible for protecting society’s most vulnerable member’s ” (Shillinger, 2002: 2-3.) “Thirteen year old Dudu Khumalo (not her real name) has been failed by the system. Teacher Manalla Msetho (not his real name) has been accused of rape.” (Shillinger, 2002: 2-3.) (Mfoloe, 2003:6). These are some of the stories carried in the media. The DOE on the other hand embarked on a process of amending the E of EA to include a new section 17 acts of misconduct which carried a mandatory sanction of dismissal when found guilty. This was largely as a response to the many concerns raised by not only the media but also all the stakeholders within the education sector. / Prof. T.C. Bisschoff

Asylum seekers have become the primary symbols of - as well as participants in - contemporary struggles over geo-political, intellectual and moral terrain. By moving place, by their mere presence in western industrial states, by demanding their refugee status claims be examined, by exposing themselves to all the techniques of scrutiny and evaluation in the presentation of their claims, asylum seekers displace traditional western ways of feeling at 'home,' and of knowing about and acting in the world. In doing so, they reveal the extent to which the legal system of rights upon which the international refugee regime is based is a messy zone of contested demands, refracted by the varying material circumstances and political power of participants. This thesis looks at asylum in Aotearoa New Zealand from the perspective of those most involved; asylum seekers, lawyers, adjudicators, members of non-government organisations and medical professionals. Situated mid-way between abstract human rights talk and the details of individual claims, it presents refugee status determination as a complex negotiation through culturally-laden frameworks of understanding and operation that are as prevalent as they are often camouflaged. In doing so, it explores how we are to evaluate the credibility and legitimacy of representations of the cultural 'other.'

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