Proper control and management of a school is the difference between a functional and a dis-functional school. The importance of a good relationship between a principal and the governing body, for the proper functioning of a school, cannot be emphasized enough. This relationship can often be impaired by interference from the department of education acting as the principal’s employer. The principal will receive one assignment from the department and another assignment from the governing body, contrary to the assignment of the department. Section 16(2) of the Schools Act stipulates that a governing body stands in a position of trust towards the school. This provision also applies to the principal, as a member of the governing body. The principal can thus receive conflicting assignments from the department and the governing body because their interests differ. Section 23(1) of the Constitution states that “Everyone has the right to fair labour practice”. The Constitution does not define “fair labour practice”. The definition that applied when the Constitution was written, was the definition contained in the Labour Relations Act 1991. It can be argued that the legislature had this definition in mind when section 23(1) was drafted. Should the definition be accepted one can argue that the department is placing the principal in an intolerable work situation, because in terms of legislation, the principal is expected to give effect to two conflicting commands. The principal will either give effect to the department`s wishes out of fear for a disciplinary hearing should he not obey his employer, which goes against his obligation in terms of section 16(2), or he will choose to act in accordance with section 16(2) and place the interests of the school above the interests of the department and disregard his duty as an employee of the department. In both these situations the employment relationship between the principal and department will be affected adversely and constitute an unfair labour practice and an infringement of the principal’s right in terms of section 23 of the Constitution. This dissertation sets out the different functions and roles of the parties involved in education. As in any relationship, conflict is inevitable, and the relationship between the Department of Education, the school principal and the school governing body is no different. The different causes of these conflict situations are discussed and possible solutions suggested. This research study represents just one of many approaches to this subject, but sheds some light on various obstacles in the education system that have not previously existed, while offering a platform for further research and solutions. / Dissertation (LLM)--University of Pretoria, 2013. / Private Law / unrestricted

This dissertation evaluates the feasibility of extending restorative justice to school disciplinary action in South African schools. It considers developments in education and identifies relevant shortcomings before addressing them. The extension of restorative justice to school disciplinary action establishes a new way of thinking that has, until recently, not been applied to civil law. In Dikoko v Mokhatla (2007 (1) BCLR 1 (CC)) honourable justice Sachs ruled that any remedy applied in civil law must aim for the restitution of relationships, rather than punishment of the guilty party. Children are often on unequal footing compared to adults when it comes to prosecution or punishment and consequently they are exposed to excessive punitive measures, as illustrated by the Dey saga (Le Roux and Others v Dey 2011 (3) SA 274 (CC)). The implementation of restorative justice as an alternative to current school disciplinary action may result in limiting these excessive punishments. Because of the universal nature of the subject a comparison will be made to the successful implementation of restorative justice programs in the United Kingdom, Australia and New Zealand. The various departments of education in these countries have developed proactive strategies for managing students' behaviour. In New Zealand, schools place particular emphasis on the use of restorative practices, rather than suspension, to ensure the establishment of beneficial learning environments. Furthermore, parents’ and community members' involvement is encouraged by inter alia the National Safe Schools Framework, which has been implemented in Australia since 2003. These countries have long been regarded as leaders in the field of restorative justice. It is of the utmost importance to consider international trends due to the guidance that it can offer school governing bodies in South Africa. The principle of restorative justice has received extensive international support due to various practical tools that have been developed by the above-mentioned countries. Therefore, these tools are considered in order to assist governing bodies in determining the way forward in South African schools. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

This dissertation evaluates the feasibility of extending restorative justice to school disciplinary action in South African schools. It considers developments in education and identifies relevant shortcomings before addressing them. The extension of restorative justice to school disciplinary action establishes a new way of thinking that has, until recently, not been applied to civil law. In Dikoko v Mokhatla (2007 (1) BCLR 1 (CC)) honourable justice Sachs ruled that any remedy applied in civil law must aim for the restitution of relationships, rather than punishment of the guilty party. Children are often on unequal footing compared to adults when it comes to prosecution or punishment and consequently they are exposed to excessive punitive measures, as illustrated by the Dey saga (Le Roux and Others v Dey 2011 (3) SA 274 (CC)). The implementation of restorative justice as an alternative to current school disciplinary action may result in limiting these excessive punishments. Because of the universal nature of the subject a comparison will be made to the successful implementation of restorative justice programs in the United Kingdom, Australia and New Zealand. The various departments of education in these countries have developed proactive strategies for managing students' behaviour. In New Zealand, schools place particular emphasis on the use of restorative practices, rather than suspension, to ensure the establishment of beneficial learning environments. Furthermore, parents’ and community members' involvement is encouraged by inter alia the National Safe Schools Framework, which has been implemented in Australia since 2003. These countries have long been regarded as leaders in the field of restorative justice. It is of the utmost importance to consider international trends due to the guidance that it can offer school governing bodies in South Africa. The principle of restorative justice has received extensive international support due to various practical tools that have been developed by the above-mentioned countries. Therefore, these tools are considered in order to assist governing bodies in determining the way forward in South African schools. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

SASA (SA, 1996) caters for the participation of a wide range of stakeholders who have an interest in education. In terms of section 23 of SASA (SA, 1996) the membership of the School Governing Body (SGB) consists of representatives of parents, educators, learners, support staff and the principal as ex-officio member. Section 23 (6) of SASA (SA, 1996) states that SGBs may co-opt a member or members of the community to assist in discharging its duties. This implies that participation in school governance is extended to members of the community, who are referred to as external stakeholders in this study. Therefore the aim of this research study was to investigate the extent to which these external stakeholders participated in the activities of school governance. The research made use of a qualitative research design to determine the extent of participation by external stakeholders in school governance. The findings revealed a lack of participation by external stakeholders in activities of school governance. The study further highlighted some of the challenges that hindered participation by external stakeholders such as transport problems which resulted in non-attendance of meetings, poor communication of information, lack of trainings resulted in lack of knowledge of the roles and responsibilities of SGBs, language barrier, lack of time and lack of confidence from some stakeholders. A model is thus proposed as a solution to involve external stakeholders to participate in the activities of school governance. This model would assist SGBs to involve external stakeholders in school governance. / Thesis (PhD (Education Management))--North-West University, Potchefstroom Campus, 2013

SASA (SA, 1996) caters for the participation of a wide range of stakeholders who have an interest in education. In terms of section 23 of SASA (SA, 1996) the membership of the School Governing Body (SGB) consists of representatives of parents, educators, learners, support staff and the principal as ex-officio member. Section 23 (6) of SASA (SA, 1996) states that SGBs may co-opt a member or members of the community to assist in discharging its duties. This implies that participation in school governance is extended to members of the community, who are referred to as external stakeholders in this study. Therefore the aim of this research study was to investigate the extent to which these external stakeholders participated in the activities of school governance. The research made use of a qualitative research design to determine the extent of participation by external stakeholders in school governance. The findings revealed a lack of participation by external stakeholders in activities of school governance. The study further highlighted some of the challenges that hindered participation by external stakeholders such as transport problems which resulted in non-attendance of meetings, poor communication of information, lack of trainings resulted in lack of knowledge of the roles and responsibilities of SGBs, language barrier, lack of time and lack of confidence from some stakeholders. A model is thus proposed as a solution to involve external stakeholders to participate in the activities of school governance. This model would assist SGBs to involve external stakeholders in school governance. / Thesis (PhD (Education Management))--North-West University, Potchefstroom Campus, 2013

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.

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.