No abstract available. / Dissertation (MA)--University of Pretoria, 2010. / Afrikaans / unrestricted

Proefskrif--PU vir CHO

Proefskrif--PU vir CHO

In the recent past South Africa saw an increase in participation in school sport concomitant with an increase in litigation awareness in society. Legal accountability based on damage suffered in the participation in sport has become more common, introducing an additional dimension to risk management by the educator. Learner safety is one of the key aspects in a school. Educator accountability with regard to the safety of learners in school sports is a focus of attention. An effective risk management programme to limit injuries and risks to participants in school sports must be developed. Risk management is the prime instrument by which injuries and the potential exposure of the educator or school to damage and legal accountability can be reduced or prevented. Some aspects of legal risk management are crucial for the educator's duty of care during coaching and the educator's legal duty with regard to the participants' safety. The educator must possess enough legal knowledge to successfully carry out his duty of care. This research will critically assess the safety strategies and the legal risk management of participation in school sports in South Africa. To be able to do this, I determined which common-law and legally accountable determinants can be applicable and what role they will play to ensure the safety of learners in schools. Firstly a literature study in legal risk management in school sports was done. This study found that the educator's responsibilities and obligations are determined by common-law and case law determinants. An empirical investigation was launched. Interviews were conducted with educators involved in sports in the Dr Kenneth Kaunda district of the North-West Province. The topic was the current state of affairs in risk management in school sport. The participants' perceptions of legal risk management were discussed and their views analysed, whereupon findings and recommendations were made. The general impression based on the results was that the educators experience huge uncertainty and are seriously uninformed about with regard to delictual liability towards learners under their care. It was found that educators do not have sufficient legal knowledge to comply with the requirements set by law. Therefore the security of the participants (on grounds of their participation) and the educators (on grounds of their legal accountability) is jeopardised. It is recommended that all tertiary institutions develop training programmes to empower educators and student educators with knowledge of legal procedures in education. It is further recommended that the education department as employer together with governing bodies, principals and trade unions support such training programmes- now and in the future. Finally, educators, school management teams and governing bodies should be more risk-aware and more pro-active in preventing sport-related injuries, because of the ignorance regarding guidelines for risk management in sports and standards of security. The complex nature of our society makes knowledge of the legal aspects in education by all role players in education not only desirable, but mandatory. / MEd (Education Law), North-West University, Potchefstroom Campus, 2012

In the recent past South Africa saw an increase in participation in school sport concomitant with an increase in litigation awareness in society. Legal accountability based on damage suffered in the participation in sport has become more common, introducing an additional dimension to risk management by the educator. Learner safety is one of the key aspects in a school. Educator accountability with regard to the safety of learners in school sports is a focus of attention. An effective risk management programme to limit injuries and risks to participants in school sports must be developed. Risk management is the prime instrument by which injuries and the potential exposure of the educator or school to damage and legal accountability can be reduced or prevented. Some aspects of legal risk management are crucial for the educator's duty of care during coaching and the educator's legal duty with regard to the participants' safety. The educator must possess enough legal knowledge to successfully carry out his duty of care. This research will critically assess the safety strategies and the legal risk management of participation in school sports in South Africa. To be able to do this, I determined which common-law and legally accountable determinants can be applicable and what role they will play to ensure the safety of learners in schools. Firstly a literature study in legal risk management in school sports was done. This study found that the educator's responsibilities and obligations are determined by common-law and case law determinants. An empirical investigation was launched. Interviews were conducted with educators involved in sports in the Dr Kenneth Kaunda district of the North-West Province. The topic was the current state of affairs in risk management in school sport. The participants' perceptions of legal risk management were discussed and their views analysed, whereupon findings and recommendations were made. The general impression based on the results was that the educators experience huge uncertainty and are seriously uninformed about with regard to delictual liability towards learners under their care. It was found that educators do not have sufficient legal knowledge to comply with the requirements set by law. Therefore the security of the participants (on grounds of their participation) and the educators (on grounds of their legal accountability) is jeopardised. It is recommended that all tertiary institutions develop training programmes to empower educators and student educators with knowledge of legal procedures in education. It is further recommended that the education department as employer together with governing bodies, principals and trade unions support such training programmes- now and in the future. Finally, educators, school management teams and governing bodies should be more risk-aware and more pro-active in preventing sport-related injuries, because of the ignorance regarding guidelines for risk management in sports and standards of security. The complex nature of our society makes knowledge of the legal aspects in education by all role players in education not only desirable, but mandatory. / MEd (Education Law), North-West University, Potchefstroom Campus, 2012

Modern juristic persons often are powerful entities and they play an influential role in society. Their activities are often accompanied by serious transgressions that have a severely detrimental impact on human beings and their environment. The effective prosecution of juristic persons is therefore necessary. The juridical foundations of the liability of juristic persons are, however, one of the most controversial issues in criminal law theory. Individualistic theories postulate that juristic persons are merely collections of individuals. The conduct and fault of individuals constituting a juristic person must therefore form the basis of the criminal liability of the juristic person. In the United States, for instance, the foundation for the criminal liability of corporations on federal level is vicarious liability. Another individualistic model (mostly associated with English common law jurisdictions) is the so–called doctrine of identification. Only the conduct of individuals who are regarded as the 'directing minds' of the organisation may be attributed to the organisation. These approaches deny the complex structures and decision making processes that exist especially in big corporate entities. According to realistic theories juristic persons are entities which are not dependant on their composite members. Each juristic person has its own unique personality. The culture and ethos of a juristic person influence the conduct of individuals attached to it as well as the degree in which the juristic person abides by the law. The identity of a corporation can be established by investigating the internal structure thereof. The existence of monitoring mechanisms and educational programmes within the organization, as well as the degree to which the organisation condones or disapproves of unlawful conduct, are some of the factors which may be indicative of the corporate culture. This approach is a development of the late twentieth century and has recently been adopted in the legislation of some foreign legal systems, most notably Australia. Section 332(1) of the Criminal Procedure Act 51 of 1977 provides the basis for the criminal liability of juristic persons in South Africa. In essence the conduct and fault of functionaries (and sometimes even outsiders) are attributed to the juristic person. In terms of the provisions of the Criminal Procedure Act juristic persons may only be fined upon conviction. This approach reflects the individualistic view of corporate criminal liability. In this study recommendations are made for the purpose of improving the South African law in this regard so as to reflect a more realistic approach. The recommendations are based on an examination of realistic models proposed by legal and social theorists and legislation adopted by foreign countries which are based on these theories. It is also recommended that more sentencing options must be made available to bring about the restructuring of corporations which have committed crimes. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2010.

Modern juristic persons often are powerful entities and they play an influential role in society. Their activities are often accompanied by serious transgressions that have a severely detrimental impact on human beings and their environment. The effective prosecution of juristic persons is therefore necessary. The juridical foundations of the liability of juristic persons are, however, one of the most controversial issues in criminal law theory. Individualistic theories postulate that juristic persons are merely collections of individuals. The conduct and fault of individuals constituting a juristic person must therefore form the basis of the criminal liability of the juristic person. In the United States, for instance, the foundation for the criminal liability of corporations on federal level is vicarious liability. Another individualistic model (mostly associated with English common law jurisdictions) is the so–called doctrine of identification. Only the conduct of individuals who are regarded as the 'directing minds' of the organisation may be attributed to the organisation. These approaches deny the complex structures and decision making processes that exist especially in big corporate entities. According to realistic theories juristic persons are entities which are not dependant on their composite members. Each juristic person has its own unique personality. The culture and ethos of a juristic person influence the conduct of individuals attached to it as well as the degree in which the juristic person abides by the law. The identity of a corporation can be established by investigating the internal structure thereof. The existence of monitoring mechanisms and educational programmes within the organization, as well as the degree to which the organisation condones or disapproves of unlawful conduct, are some of the factors which may be indicative of the corporate culture. This approach is a development of the late twentieth century and has recently been adopted in the legislation of some foreign legal systems, most notably Australia. Section 332(1) of the Criminal Procedure Act 51 of 1977 provides the basis for the criminal liability of juristic persons in South Africa. In essence the conduct and fault of functionaries (and sometimes even outsiders) are attributed to the juristic person. In terms of the provisions of the Criminal Procedure Act juristic persons may only be fined upon conviction. This approach reflects the individualistic view of corporate criminal liability. In this study recommendations are made for the purpose of improving the South African law in this regard so as to reflect a more realistic approach. The recommendations are based on an examination of realistic models proposed by legal and social theorists and legislation adopted by foreign countries which are based on these theories. It is also recommended that more sentencing options must be made available to bring about the restructuring of corporations which have committed crimes. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2010.

AFRIKAANS: Voor 1994 was die skoolhoof aanspreeklik vir die beheer van die finansies van die skool. Met die instelling van die Suid-Afrikaanse Skolewet no. 84 van 1996 het die aanspreeklikheid vir skoolfinansies drasties verander deur die instelling van selfbestuur by skole. Daar bestaan tans groot onduidelikhede by departementele amptenare sowel as by skoolhoofde en skoolbeheerliggaamlede oor wie aanspreeklik vir die finansies van die skool is. Sommige skole se begrotings het sedert 1994 van `n paar honderd duisend rand tot `n paar miljoen rand toegeneem; meer personeel word aangestel wat deur die skoolbeheerliggaam vergoed word en dit alles plaas bykomende bestuurverantwoordelikhede op die skoolhoof. Dikwels is die skoolhoofde en skoolbeheerliggaamlede nie opgelei om hierdie bykomende finansiële lading te hanteer nie. Daar word van die skoolbestuurspan verwag om kennis van finansiële bestuur te hê om hulle taak effektief uit te voer, nie alleenlik vir hulle eie oorlewing nie maar ook tot die voordeel van die skool en die gemeenskap. Die doel van hierdie studie is om die vertrekpunte waarbinne skoolfinansies bestuur en beheer word, te bepaal, asook om aan die hand van kontrole- en beheermaatreëls te bepaal of begrotings aangewend word om onderrig en leer in openbare skole te bevorder. ENGLISH: Before 1994 the principal of a school was accountable for the control of the school`s finances. Since the introduction of the South African Schools Act no. 84 of 1996 and the implementation of self-management of schools, accountability for schoolfinances has changed dramatically. Some schools’ budgets have increased from a few hundred thousands of rand to millions of rand since 1994; more teachers are being appointed and paid by the school governing body; these developments increase the principal’s managerial responsibilities. Principals and school governing body members are often not qualified to shoulder this extra financial burden. It is expected of school managers to have knowledge of financial management to enable them to execute tasks effectively, not only for their own survival but also in the best interest of the school and the community. The purpose of this study is to identify the principles for the control and management of schools’ finances and also to establish whether budgets are managed in such a way that instruction and learning in public schools are propagated. / Thesis (PhD)--University of Pretoria, 2011. / Education Management and Policy Studies / unrestricted

Sport by skole is n verlengstuk tot die opvoeding van die kind, en in die meeste goed funksionerende openbare skole vind sportafrigting wel plaas. Sekere kommerwekkende gebeure rakende die onderwysers se regsaanspreeklikheid tydens die afrigting van sport het hierdie studie genoodsaak. Die klem van hierdie studie fokus op die sekuriteit en veiligheid van nopvoeder, veral tydens die afrigting van sport. In die studie is daar na opvoeders verwys in hulle rolle as sportafrigters, wedstrydbeamptes en administrateurs by skole. Hierdie navorsing val binne die vakgebied Onderwysreg en die opvoeders se sekuriteit en veiligheid word onder andere vanuit n gemeenregtelike perspektief bespreek. Om die studie geldig te maak, is al die rolspelers wat by sportafrigting by die skole betrokke is, by die studie ingesluit. Die Grondwet, onderwyswetgewing, beroepsveiligheid en –gesondheidswetgewing, tersaaklike regspraak en die gemene reg is as regsdeterminante ontleed. Daar is veral in die bespreking van die gemene reg gefokus op deliktuele aanspreeklikheid as regsdeterminant. In die studie is n kwalitatiewe ondersoek na opvoeders se persepsies gedoen. Daar is gefokus op deelnemers in die onderwys in n spesifieke geografiese area is, en die hele spektrum van rolspelers is betrek. Een prominente bevinding van die studie is dat opvoeders gretig is om meer inligting oor die regsaspekte rakende sportafrigting te bekom. Dit is vir die meeste deelnemers n onbekende veld en hulle is van mening dat indien hulle meer ingelig is, dit n groot bydrae sal lewer tot hulle eie veiligheid en sekuriteit, sowel as dié van leerders. Die sentrale tema van die studie is die sekuriteit en veiligheid van die opvoeders. Die deelnemers is daarvan oortuig dat daar in die opleiding van afrigters groter klem geplaas moet word op die uitbou van regskennis. Opvoeders het n passie vir die afrigting van sport en die klem is op die ontwikkeling van die leerder. / Thesis (M.Ed.)--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