The Public Service Act 30 of 2007 provides for national and provincial departments. In terms of this act each province has its own basic education department. Provincial Departments of Basic Education are sub-divided into district offices that play an important role in the communication between the provincial head office and the educational institutions under its authority. The task of the district office is to collaborate with school principals and educators to promote instruction and learning and to render management and professional support to achieve excellence in instruction and learning. According to the National Development Plan of the National Planning Commission (2011) education district offices are regarded as sub-structures of the Provincial Department of Basic Education. The district office represents the Provincial Education Department in the day-to-day administrative and professional functions of schools. Since the South African Schools Act does not make any provision for district offices, one may conclude that the brief of district offices is only to assist the head of the Provincial Department of Basic Education in the performance of his / her duties. According to the National Planning Commission National Development Plan for 2030 the district office has to provide support to schools to improve educational practices in schools and to ensure that communication and the sharing of information with schools and authorities occur. This qualitative study was conducted from an interpretative paradigm with the purpose of investigating the education law perspectives on the role of education district office officials with regard to the finances of public schools. The research contributes to the understanding of the role and responsibility of the education district office officials regarding the finances of public schools and makes recommendations for practice advancement and further research. / Thesis (PhD)--University of Pretoria, 2017. / Education Management and Policy Studies / PhD / Unrestricted

The Constitution of the Republic of South Africa6 (hereinafter the Constitution) gives everyone the right to fair labour practices.7 The Labour Relations Act8 (hereinafter the LRA) regulates the relationship between employers and employees as well as the relationship between employers and trade unions. These labour relations are quite extensively regulated by statutory measures. The same can unfortunately not be said about the relationship between a trade union and its members. Because a trade union is a legal entity, a trade union is controlled and managed by certain functionaries like any body corporate. The management structures of the trade union are defined in the trade union’s constitution. A trade union can not perform any legal functions which are not provided for in the trade union’s constitution. 9 The trade union’s constitution states the nature of the relationship between the union and its members.10 Workers join trade unions in order to protect themselves and their rights in the workplace. An expectation is therefore cultivated by the members that the trade union, through its representative power and mandate to act on behalf of the members, will do so in the best interest of the members. The disruption of the relationship can have negative implications for the trade union. In this study, relevant case law will be sited to explain the contents of the legal responsibility of a trade union to its members. The specific focus of the study is the legal responsibility of a trade union if its members would suffer pecuniary loss or harm as a result of the trade union’s actions. The purpose of this study is to discuss the regulation of the relationship between a trade union and its members in South Africa and to find a solution for the fragmented regulation or non-regulation thereof. The authority that a member grants to a trade union, mostly in the form of a contract, involves the expression of the will of the members that the trade union has the necessary power to perform judicial acts on its behalf. The discussion is limited to the actual authorization originated by a contract of mandate between a trade union and its members. In terms of the common law’s contract of mandate a representative is obliged to perform his orders with care and diligence, convey information, to act in good faith and to account for his actions. There are no statutory measures that regulate the nature of the legal relationship between a trade union and its members provided for in the trade union’s constitution. This study discusses the regulatory challenges that the regulation of the relationship between a trade union and its members in South Africa are facing, and some recommendations are made with regards to the possible application of existing legislation and the common law contract of mandate. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

The Constitution of the Republic of South Africa6 (hereinafter the Constitution) gives everyone the right to fair labour practices.7 The Labour Relations Act8 (hereinafter the LRA) regulates the relationship between employers and employees as well as the relationship between employers and trade unions. These labour relations are quite extensively regulated by statutory measures. The same can unfortunately not be said about the relationship between a trade union and its members. Because a trade union is a legal entity, a trade union is controlled and managed by certain functionaries like any body corporate. The management structures of the trade union are defined in the trade union’s constitution. A trade union can not perform any legal functions which are not provided for in the trade union’s constitution. 9 The trade union’s constitution states the nature of the relationship between the union and its members.10 Workers join trade unions in order to protect themselves and their rights in the workplace. An expectation is therefore cultivated by the members that the trade union, through its representative power and mandate to act on behalf of the members, will do so in the best interest of the members. The disruption of the relationship can have negative implications for the trade union. In this study, relevant case law will be sited to explain the contents of the legal responsibility of a trade union to its members. The specific focus of the study is the legal responsibility of a trade union if its members would suffer pecuniary loss or harm as a result of the trade union’s actions. The purpose of this study is to discuss the regulation of the relationship between a trade union and its members in South Africa and to find a solution for the fragmented regulation or non-regulation thereof. The authority that a member grants to a trade union, mostly in the form of a contract, involves the expression of the will of the members that the trade union has the necessary power to perform judicial acts on its behalf. The discussion is limited to the actual authorization originated by a contract of mandate between a trade union and its members. In terms of the common law’s contract of mandate a representative is obliged to perform his orders with care and diligence, convey information, to act in good faith and to account for his actions. There are no statutory measures that regulate the nature of the legal relationship between a trade union and its members provided for in the trade union’s constitution. This study discusses the regulatory challenges that the regulation of the relationship between a trade union and its members in South Africa are facing, and some recommendations are made with regards to the possible application of existing legislation and the common law contract of mandate. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

School rugby is one of the most popular sports within numerous South-African public schools. Each year competition gets tougher as a result of the increase in tournaments during school holidays and the nationwide promotion of interschool tournaments. Educators as coaches of school teams carry the responsibility to not only pursue competitiveness, but also care for the safety of the school rugby players. Between 2001 and 2010, 13 of 36 players that obtained spinal related injuries ended up as quadriplegic, according to data from the Chris Burger/Petro Jackson Players’ Fund. Statistics show that serious rugby related injuries amongst school rugby players have increased, thus compromising the safety of the rugby player. These statistics add to the central theme of this study, namely educator security. Educator-coaches’ security is greatly influenced by the safety of the school rugby player. The South African Rugby Union (SARU) proceeded to follow the example of other rugby playing countries by implementing a rugby safety program. BOKSMART was launched in 2009 in conjunction with the Chris Burger/Petro Jackson Players Fund. The rugby safety program is implemented for coaches to guide them with the latest methods regarding skills and techniques for the enhancement of safer rugby. During this study similar rugby programs will be analysed and discussed to determine the effect these programs has on educator-coach safety. To understand the effect more clearly, delictual liability is discussed which is connected to an introduction of the South African legal system. The Constitution of the Republic of South Africa, education legislation and other legislation with regards to the security of the educator-coaches’ and the safety of the school rugby player is discussed. A discussion regarding the application of the law of delict is also included. During the empirical research a qualitative research method is used to determine and interpret the perceptions of educator-coaches regarding their security. If an educator- coach is confronted with legal actions, it can have a negative effect on his worklife and career. Focus is placed on educator-coaches of high school teams, while principals and sport organisers also gave their input on the subject. Findings are presented based on an analysis of the data gathered. Two important findings stood out, namely that all educator-coaches are not well acquainted with the legal aspects regarding player safety and educator-coach’s security and secondly, that there is a need to gain more knowledge regarding delictual liability, as applied to rugby coaching. / Thesis (MEd (Education Law))--North-West University, Potchefstroom Campus, 2013.

School rugby is one of the most popular sports within numerous South-African public schools. Each year competition gets tougher as a result of the increase in tournaments during school holidays and the nationwide promotion of interschool tournaments. Educators as coaches of school teams carry the responsibility to not only pursue competitiveness, but also care for the safety of the school rugby players. Between 2001 and 2010, 13 of 36 players that obtained spinal related injuries ended up as quadriplegic, according to data from the Chris Burger/Petro Jackson Players’ Fund. Statistics show that serious rugby related injuries amongst school rugby players have increased, thus compromising the safety of the rugby player. These statistics add to the central theme of this study, namely educator security. Educator-coaches’ security is greatly influenced by the safety of the school rugby player. The South African Rugby Union (SARU) proceeded to follow the example of other rugby playing countries by implementing a rugby safety program. BOKSMART was launched in 2009 in conjunction with the Chris Burger/Petro Jackson Players Fund. The rugby safety program is implemented for coaches to guide them with the latest methods regarding skills and techniques for the enhancement of safer rugby. During this study similar rugby programs will be analysed and discussed to determine the effect these programs has on educator-coach safety. To understand the effect more clearly, delictual liability is discussed which is connected to an introduction of the South African legal system. The Constitution of the Republic of South Africa, education legislation and other legislation with regards to the security of the educator-coaches’ and the safety of the school rugby player is discussed. A discussion regarding the application of the law of delict is also included. During the empirical research a qualitative research method is used to determine and interpret the perceptions of educator-coaches regarding their security. If an educator- coach is confronted with legal actions, it can have a negative effect on his worklife and career. Focus is placed on educator-coaches of high school teams, while principals and sport organisers also gave their input on the subject. Findings are presented based on an analysis of the data gathered. Two important findings stood out, namely that all educator-coaches are not well acquainted with the legal aspects regarding player safety and educator-coach’s security and secondly, that there is a need to gain more knowledge regarding delictual liability, as applied to rugby coaching. / Thesis (MEd (Education Law))--North-West University, Potchefstroom Campus, 2013.

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 ten opsigte van finansies drasties verander deurdat selfbestuur by skole geïmplementeer is. Daar bestaan groot onduidelikhede by departementele amptenare sowel as by skoolhoofde en beheerliggaamlede oor wie aanspreeklik vir die finansies van die skool is. Skole se begrotings het sedert 1994 van `n paar honderd duisend rand na `n paar miljoen rand toegeneem; meer personeel word aangestel wat deur die skoolbeheerliggaam vergoed word en dit alles plaas ekstra belading op die skoolhoof. Dikwels is die skoolhoofde en skoolbeheerliggaamlede nie opgelei om hierdie ekstra finansiële lading te hanteer nie. Daar word van die skoolbestuurspan verwag om kennis van finansiële bestuur te hê om hulle taak effektief te kan uitvoer, 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 te bepaal watter faktore die beheer en bestuur van skoolfinansies in `n openbare skool beïnvloed en om `n model daar te stel wat die beheer en bestuur van skoolfinansies in `n openbare skool sal rig. 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, the accountability regarding finances has changed dramatically. Schools’ budgets have increased from thousands of rand to millions of rand since 1994; more teachers are being appointed and paid by the school governing body. Departmental officials, principals and school governing body members have no experience to handle the extra financial burden. Principals and school governing body members have no experience of carrying 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 determine factors that influence the control and management of public schools’ finances and to present a model that will guide the control and management of a public school’s finances. Copyright / Dissertation (MEd)--University of Pretoria, 2009. / Education Management and Policy Studies / unrestricted