The purpose of this study was to explore the promotion of safe schools in the Eastern Cape according to a Whole School Development Approach. A literature study investigated the factors contributing to violence in schools in the Eastern Cape as well as South Africa, the strategies that can be used to involve all stakeholders in education to combat school violence and the strategies to promote safe schools through Whole School Development Approach. An empirical investigation following a qualitative approach was used to explore the views of learners, educators, principals and teachers of two secondary schools in the Eastern Cape. Data was gathered by observation, interviews, analysis of written documents and analysis was according to qualitative procedures. Findings showed a prevalence of violence in the schools as a result of non-application of the Whole School Development Approach. The implications of the findings of both literature and the empirical investigation are discussed and certain guidelines are provided to assist all stakeholders in education on the promotion of safe schools through the Whole School Development Approach. / Educational Studies / M. Ed. (Education Management)

Since 1994 the South African government has implemented principles of equity, redress and social empowerment in broader society and in education. Consequently, corporal punishment was banned in schools and new methods of managing discipline were introduced. Moreover, decision-making power is decentralised to School Governing Bodies on which learner representatives serve in secondary schools. Thus, the latter are also involved in the management of discipline. This study explores the learners' role in the management of discipline in urban secondary schools in KwaZulu-Natal. Current perspectives on school discipline and an overview of the learners' role in discipline management in the South African context were provided. A qualitative investigation used interviews with learners and educators in selected schools to collect data. Findings suggest that learner involvement in discipline can be positive but lack of training and poor communication impede the full deployment of learners in this regard. Finally, recommendations for the improvement of practice are made. / Educational Studies / M.Ed. (Education Management)

Die doel van hierdie studie van beperkte omvang is om inligting in te samel oor die probleem van dissipline soos dit manifesteer in Intermediêre Skole in die Namakwa Distrik van die Noord-Kaap Provinsie. Die aandag word toegespits op: * wetgewing met betrekking tot dissipline in skole; * soorte van probleme; * faktore wat aanleiding gee tot probleme; * maatreëls wat gebruik word om dissiplinêre probleme te hanteer en te voorkom. Deur literatuurstudie word begrip en kennis verkry wat as agtergrond dien vir die kwalitatiewe ondersoek waardeur `n kontekstuele begrip verkry word van die ervaring van dissipline en probleme deur `n geselekteerde groep skoolhoofde van Intermediêre Skole in die Namakwa Distrik van die Noord-Kaapprovinsie. Ten slotte word voorstelle gemaak met die oog op die verbetering van `n komplekse situasie. / The aim of this study on a small scale is to gather information about the problem of discipline as manifested in Intermediate Schools in the Namaqua District of the Northern Cape Province. The attention is focused on: * legislation in connection with discipline in schools; * types of problems; * factors that cause problems; * measures to cope and prevent disciplinary problems. The study of literature provides understanding and knowledge that serves as background to the qualitative study by way of which a contextual understanding is developed of the experience of discipline and specific problems by a selected group of principals of Intermediate Schools in the Namaqua District of the Northern Cape Province. In conclusion proposals are made aimed at the improvement of a complex situation. / Educational Studies / M. Ed. (Educational Management)

This study focuses on the role of educators in the establishment and maintenance of effective discipline in the school and classroom. In a mainly qualitative investigation, empirical data from three secondary schools in the Nkangala region of the Mpumalanga Province were collected by means of focus group and individual interviews as well as observation. These data were analysed in accordance with accepted procedures for qualitative data processing. The study confirmed most of the views found in the existing body of knowledge on school discipline. In the dissertation, detailed attention is paid to the disciplinary problems those educators who were interviewed, experienced, the perceived origin of those problems and suggested solutions. The rights and duties of educators in regard to the management of discipline were also considered. To conclude the study, eight strategies to promote the establishment and maintenance of discipline in secondary schools were proposed. / Educational Studies / M. Ed. (Educational Management)

The objective of this thesis is to assess the impact and influence of South Africa's Constitutional Court in the first two years of our democracy. To achieve this objective, some of the definitive and controversial cases already decided by the Court have been selected and analysed in an attempt to glean some jurisprudential perspectives of the Court. It focuses on the work of the Court over the past two years. It deals with the evolution of South Africa into a democracy, and analyzes the South African legal system prior to the beginning of the process of transformation. It briefly surveys the evolution of our constitutional system, dating back from the pre-1910 colonial period and provides a broad outline of the legal system in the post-April 1994 period of transformation. It analyzes the Court from the point of view of, inter alia, its composition, jurisdiction and powers. The Court is also contrasted with courts in other jurisdictions which exercise full judicial review. The Court's emerging jurisprudence is examined. A review is made, inter alia, of the Court's understanding of, and approach to, the questions of the values underpinning the post-apartheid society and its constitutional system, and constitutional interpretation. The right against self-incrimination and South African company law and the two relevant Constitutional Court cases are discussed. The collection of evidence by the State and the constitutionality of provisions relating to search and seizure and the taking of fingerprints are looked into. The Court's approach to statutory presumptions and criminal prosecutions; some aspects of our appeals procedures; an accused's right to be assisted by a lawyer at state expense; the question of a fair trial and access to information; capital punishment; corporal punishment; committal to prison for debt; and the certification of constitutions is analyzed. Two of the cases in which the provinces clashed with the national government on the distribution of posers between provinces and the national government are discussed. The conclusion is that the Court has, overall, hitherto acquitted itself well in the handling of particularly the controversial quasi-political questions that arose in the cases it has decided. / Constitutional, International and Indigenous Law / L.L. D. (Law)

This study focused on the schools of KwaDabeka Township in KwaZulu-Natal. This project explored the underlying reasons for and types of violence, as well as initiatives for violence prevention. This is a qualitative study; therefore it is located within the interpretive paradigm. A case study strategy was employed in which qualitative methods such as interviews, observations, document reviews, and journals were used to collect data. The findings suggest that besides ill-discipline and uncooperativeness by learners, criminals and thugs from outside schools pose a threat to the stability of schools. The findings also suggest that girls and young boys are victims of violence in schools. The research findings suggest that violence production in schools is shaped by socio-economic status of community where the school is in, as well as gender and masculinity. / Educational Leadership and Management / M. Ed. (Education Management)

The study deals with the management of discipline in a post corporal punishment environment in South Africa through a case study of selected primary schools in informal settlements in the North West Province. The following research questions were formulated:  What is the current thinking and practice of discipline in the primary schools in the informal settlements in the North West Province?  Which disciplinary measures and procedures are currently used in the selected primary schools?  How effective are the current management strategies of discipline used in the selected primary schools?  How can recommendations assist educators in selected primary schools to deal more effectively with disciplinary challenges? A literature review on the management of school discipline provided a conceptual framework for the empirical inquiry and indicated a lack of empirical studies on the management of discipline in primary schools in informal settlement in the North West Province. This matter is dealt with mostly frequently at high school level. An empirical study using qualitative research methods explored the management of discipline in twenty sampled primary schools in informal settlements in the North West Province, selected through purposive sampling. Data were gathered by in-depth interviews and focus groups with educators, principals and School Governing Body chairpersons. Data were categorized into themes. Findings showed that some educators still view corporal punishment as the most appropriate strategy to deal with ill-disciplined behaviour in schools; hence corporal punishment is still rife in some of the sampled schools. However, other participants agree that corporal punishment should not be accommodated as stipulated by the South African Constitution and other legal frameworks, instead effective alternative strategies should be deployed to handle ill-disciplined behaviour. Inhuman and outdated approaches should be avoided. Diverse ways of dealing with discipline which are goal oriented and foster good relations between the learner and the educator should be implemented. Sound relations in turn lead to the production of learners with the potential to become good citizens. Based on the literature and empirical inquiry, recommendations were made which advocate educator training on handling discipline in primary schools and the design of effective strategies to maintain sound discipline. / Educational Leadership and Management / D. Ed. (Education Management)

The problem of indiscipline in schools has attracted the growing attention of researchers in South Africa and the world at large. Learner indiscipline has been variously reflected in behaviours which range from serious ones such as drug abuse, assault, theft, rape and murder, to minor ones such as truancy; all of which negatively affect teaching and learning. While there is agreement on the need to address the problem, there is a great deal of contestation around what strategies and practices are appropriate to instil discipline in schools. Within this debate many countries, including South Africa, have decided to move away from punitive approaches such as corporal punishment and replace them with what is called Alternatives to Corporal Punishment (ATCP). The main aim of this study was to interrogate the consistency that prevails between disciplinary practices and principles of alternatives to corporal punishment and the implications of this for school leadership. A mixed method design was used. The study was conducted in two phases: the first was a survey during which trends in disciplinary practices were established; the second was a multiple case study where in-depth interviews were conducted in five primary schools across different contexts which included farm, suburban, township, rural and informal settlement locations. This study has seven main findings. First, it was found that primary schools in the Buffalo City Metropolitan Municipality experienced minor offenses which clustered around levels 1 and 2 of the ATCP classification. Second, although statistically there was a weak negative correlation (r = - 0.11) between location and behaviour which is not significant (p >. 05) or (p = .46), qualitative evidence suggests a relationship between context and disciplinary offences. Third, principals’ roles in instilling discipline were focused mainly on reactive administrative and management functions rather than on giving leadership designed to inspire alternative ways of behaving. Fourth, principals’ and teachers’ belief in the use of alternatives to corporal punishment revealed ambivalence and lack of understanding. Fifth, measures to instil discipline, even though they were said to be based on alternatives to corporal punishment, placed heavy emphasis on inflicting pain and relied on extrinsic control. Sixth, two disciplinary measures designed to inflict pain were found to be weakly associated, but significantly (p < 0.05) with violent behaviour, lending credence to view that in using certain practices to instil discipline there are socialisation consequences. Finally, the use of some measures recommended by alternatives to corporal punishment yielded some unintended socialisation consequences. The study concludes that there was lack of consistency between disciplinary practices in Buffalo City Metropolitan Municipality primary schools and the principles of Alternatives to Corporal Punishment. The findings suggest that it is difficult to achieve the consistency without a school leadership which understands that the alternatives call for a paradigm shift in measures to instil discipline. For improving discipline in schools, it is recommended that school principals and stakeholders must focus on measures that are meant to cultivate a new school culture guided by values of self-discipline in order to minimise the need for extrinsic punitive control. For further research, a follow up study based on a probability sample, which should include secondary schools, could be undertaken in order that results can be generalised.

Afrikaans text, with English and Xhosa summaries / Baie leerders in voorheen benadeelde skole kom uit enkelouerhuise, waar ouers lang ure werk en dikwels ongeletterd is. Dit lei daartoe dat die oorgrote meerderheid leerders in 'n ongestruktureerde omgewing en in huise grootword sonder duidelike dissiplinêre grense. Dissiplinêre grense behels die daarstelling van duidelike perke wat aan kinders wys wat hulle mag doen en wat hulle nie mag doen nie. Alle kinders het grense nodig om optimaal te groei en te leer. As kinders weet wat die gevolge daarvan is om buite die grense te beweeg, sal hulle probeer voldoen aan verwagtinge. Aan die anderkant sal 'n gebrek aan grense baie dissiplinêre probleme veroorsaak, aangesien leerders nie tuis selfdissipline aanleer nie. Daarbenewens word hulle dikwels grootgemaak in omgewings waar hulle blootgestel word aan dwelms, geweld, misdaad en bendes. Hulle verwerf nie die kennis van watter soort gedrag tuis of in hul gemeenskappe moreel en sosiaal aanvaarbaar is nie. Die gebrek aan dissipline en selfdissipline tuis lei tot dissiplinêre probleme in die klaskamer, veral by leerders in voorheen benadeelde skole. Die onderrig van goeie dissipline, wat tot selfdissipline lei, berus op opvoeders se skouers in die skoolkonteks. Dus word die rol van skole en opvoeders uiters belangrik, hoewel dit na 'n onoorkomelike probleem klink. As alle belanghebbendes 'n rol kan speel om leerders te help om optimaal te ontwikkel, sal dit ook help met dissiplinêre probleme. / Many learners in previously disadvantaged schools come from single parent homes, where parents work long hours and often are illiterate. This leads to the fact that the vast majority of learners grow up in an unstructured environment and in homes without clear disciplinary boundaries. Disciplinary boundaries involve establishing clear limits that show children what they are allowed to do and what they are not allowed to do. All children need boundaries to grow and learn optimally. When children know what the consequences are for stepping out of bounds, they will be more compliant. A lack of boundaries on the other hand causes many disciplinary problems, as learners do not learn self-discipline at home. In addition, they are often raised in environments where they are exposed to drugs, violence, crime and gangs. They do not acquire the knowledge of which types of behaviour are morally and socially acceptable at home or in their communities. The lack of discipline and self discipline at home leads to disciplinary problems in the classroom, especially with learners in previously disadvantaged schools. The teaching of good discipline, leading to self discipline rests on educators’ shoulders in the school context. Thus, the role of schools and educators become extremely important, although it sounds like an insurmountable problem. If all stakeholders could play a role to assist learners to develop optimally, it will also help with disciplinary problems. / Uninzi lwabafundi abaphuma kwizikolo ebezihlelelekile ngaphambili bavela kumakhaya anomzali omnye, apho abazali besebenza iiyure ezinde kwaye kunjalo bengafundanga. Ngoko uninzi lwabafundi lukhulela kwindawo engenasiseko someleleyo nakumakhaya angenamiqathanga icacileyo yokuziphatha. Imida yokoluleka kokuziphatha ibandakanya ukumiselwa kwemida ecacileyo ebonisa abantwana izinto abavunyelweyo ukuzenza nezinto abangavunyelwanga ukuba bazenze. Bonke abantwan bafuna ukubekelwa imiqathanga ukuze bakhule ngokugqibeleleyo. Xa abantwana bezazi iziphumo zokutyeshela imiqathanga ebekiweyo baya kuthobela nangakumbi. Ukongeza, basoloko bekhulela kwindawo apho bedibana neziyobisi, ubundlobongela, ulwaphulo-mthetho namamaqela emigulukudu. Ngoko ke, abalufumani ulwazi ngeentlobo zokuziphatha ezivumelekileyo ekhaya okanye ekuhlaleni. Ukungabikho kwenqeqesho nokuzihlonipha ekhaya kukhokelela kwiingxaki zokuziphatha egumbini lokufundela, ingakumbi abafundi abakwizikolo ebezihlelelekile. Ukufundisa indlela efanelekileyo yokuziphatha, ekhokelela ekuziphatheni kakuhle, ngumthwalo wootitshala esikolweni.Yiloo nto indima yezikolo nootitshala iba yeyona ibaluleke kakhulu, ngaphandle kwale ngxaki ikhangeleka ingenakuphela. Ukongeza, ukuba bonke ababandakanyekayo banokudlala indima ekuncedeni abafundi ukuba bakhule ngokugqibeleleyo, kunganceda ekusombululeni iingxaki zokuziphatha. / Psychology of Education / M. Ed. (Opvoedkundige Sielkunde)

This thesis investigates the compatibility of a crucial aspect of Sudanese criminal justice, namely, the compatibility of the right to a fair trial with two main sources of this right: international human rights law and Shari’a law. The right to a fair trial is a cornerstone for any society and serves to observe the rule of law and other rights of citizens. The study illustrates that the right to a fair trial could play a significant role in the protection of human rights in Sudan. The main aim of this study is to establish ways in which the right to a fair trial can be strengthened in Sudan. The thesis has examined the work emanating from the international level by reviewing decisions, providing general comments and analysing other jurisprudence emanating from bodies such as the African Commission on Human and Peoples’ Rights and the Human Rights Committee. The decisions, general comments and other jurisprudence from these bodies are juxtaposed against Sudan’s laws to establish the extent to which the right to a fair trial is upheld at the domestic level in Sudan. The study critically examines the sources of the right to a fair trial in Sudan. The main sources of right to a fair trial in Sudan are the Constitution, the Criminal Procedure Act, the Penal Code, Shari’a law and international human rights law. It seeks to answer the question whether Sudanese fair trial rights are compatible with international standards. The study establishes that one of the sources of law that govern the right to a fair trial in Sudan is Shari’a law. The main principle in Islam is that nothing is unlawful, unless it is expressly forbidden by law. However, the Shari’a law in Sudan has not been properly implemented as is illustrated through the rigid and traditional implementation of some of its provisions. The selective and rigid implementation of provisions of Shari’a law has resulted in a conflict with the accepted international standards of fair trial rights. What the study establishes is that a more progressive interpretation of Shari’a law can potentially solve the contradictions with international human rights law that currently exist. The study identifies a number of factors that have affected the development of the right to a fair trial in Sudan. Among these factors are the lack of political will, poverty, the lack of awareness about rights, laws that are contrary to the right to a fair trial, laws that inadequately protect victims and witnesses, impunity, corruption, the lack of resources both human and financial, abuse of power, existence of military and special courts, institutional constraints, discrimination against women, and the refusal or resistance of the executive branch of government to implement decisions of the courts. This study concludes that some pre-trial, trial and post-trial rights and standards in Sudan are not in conformity with international and regional standards. The study concludes by making a number of recommendations aimed at institutional and legal reform. / Dissertation (LLD)--University of Pretoria, 2014. / Centre for Human Rights / LLD / Unrestricted