Text in Afrikaans / By ontbinding van 'n huwelik buite gemeenskap van goed beskik die hof oor 'n diskresionere bevoegdheid om 'n herverdeling van bates van die onderskeie boedels te gelas. Die voorvereiste, naamlik 'n bydrae tot die instandhouding of vergroting van die boedel van die ander en die uitleg van die bewoording van die wet bring egter mee dat die hof se diskresie om 'n billike herverdeling te beveel ingekort is. Bydrae behoort op gelyke vlak tesarne met al die relevante faktore 'n rol te speel. Huwelikswangedrag behoort 'n beperkte rol te speel by herverdelingsbevele. In sekere gevalle sal dit egter onbillik wees om skuld as faktor te ignoreer. Die skuld van die party teen wie die verdeling gevra word behoort nie 'n rol te speel nie. Sekere wetswysiginge is nodig ten einde die doel van die wet, naamlik bereiking van geregtigheid tussen die partye, te bewerkstellig. / On dissolution of a maniage out of commwrity of property the court has discretionary power to order a distribution of the assets of the different estates. The precondition, namely a contribution to the maintenance or increase of the estate of the other, and the interpretation of the words of the act, however, results in a curtailment of the court's discretion to order a just and equitable distribution. Contribution should play a role on the same level as all the other relevant factors. Misconduct should play a restricted role in a redistribution order. However, in certain cases it would be inequitable to ignore misconduct as a factor. The misconduct of the party against whom the redistribution is sought should not play a role. Certain amendments of the act are necessary to achieve the aim of the act, namely the attaining of equity between the parties. / Private Law / LL. M.

Text in Afrikaans / By ontbinding van 'n huwelik buite gemeenskap van goed beskik die hof oor 'n diskresionere bevoegdheid om 'n herverdeling van bates van die onderskeie boedels te gelas. Die voorvereiste, naamlik 'n bydrae tot die instandhouding of vergroting van die boedel van die ander en die uitleg van die bewoording van die wet bring egter mee dat die hof se diskresie om 'n billike herverdeling te beveel ingekort is. Bydrae behoort op gelyke vlak tesarne met al die relevante faktore 'n rol te speel. Huwelikswangedrag behoort 'n beperkte rol te speel by herverdelingsbevele. In sekere gevalle sal dit egter onbillik wees om skuld as faktor te ignoreer. Die skuld van die party teen wie die verdeling gevra word behoort nie 'n rol te speel nie. Sekere wetswysiginge is nodig ten einde die doel van die wet, naamlik bereiking van geregtigheid tussen die partye, te bewerkstellig. / On dissolution of a maniage out of commwrity of property the court has discretionary power to order a distribution of the assets of the different estates. The precondition, namely a contribution to the maintenance or increase of the estate of the other, and the interpretation of the words of the act, however, results in a curtailment of the court's discretion to order a just and equitable distribution. Contribution should play a role on the same level as all the other relevant factors. Misconduct should play a restricted role in a redistribution order. However, in certain cases it would be inequitable to ignore misconduct as a factor. The misconduct of the party against whom the redistribution is sought should not play a role. Certain amendments of the act are necessary to achieve the aim of the act, namely the attaining of equity between the parties. / Private Law / LL. M.

The lack of respect for authority and discipline of teachers on the part of the learners is a factor contributing to low morale and sense of neglected status to teachers. These factors prevent true realisation of the idealism with which educators initially entered the profession, as they are faced with the realities in schools. The need for security and geborgenheit lay the foundation for security in the workplace of educators. The need for physical safety is described in this dissertation on the basis of contextual and theoretical frameworks, to a better understanding of teachers' insecurities. The need to experience geborgenheit appeals to the discipline of Education Law, which focuses inter alia on psychological security through an analysis of legal sources. It contributes to achieve the overall objective of this study, namely to determine the perceptions of educators regarding the impact of student misconduct on their security. Several factors, namely school-related factors, labour law factors as well as society related factors that learners come into contact with every day, contributes to misconduct by some learners. It therefore compels all stakeholders in education to become involved in the education of the students and not to perceive education as a "one-man job". From an employment perspective, the promotion of a safe environment, where learners and educators experience geborgenheit, a prerequisite for their physical and psychological security. This will contribute to the holistic performance of the educational task by the teacher for the benefit of the learners. / MEd (Education Law), North-West University, Potchefstroom Campus, 2013

The lack of respect for authority and discipline of teachers on the part of the learners is a factor contributing to low morale and sense of neglected status to teachers. These factors prevent true realisation of the idealism with which educators initially entered the profession, as they are faced with the realities in schools. The need for security and geborgenheit lay the foundation for security in the workplace of educators. The need for physical safety is described in this dissertation on the basis of contextual and theoretical frameworks, to a better understanding of teachers' insecurities. The need to experience geborgenheit appeals to the discipline of Education Law, which focuses inter alia on psychological security through an analysis of legal sources. It contributes to achieve the overall objective of this study, namely to determine the perceptions of educators regarding the impact of student misconduct on their security. Several factors, namely school-related factors, labour law factors as well as society related factors that learners come into contact with every day, contributes to misconduct by some learners. It therefore compels all stakeholders in education to become involved in the education of the students and not to perceive education as a "one-man job". From an employment perspective, the promotion of a safe environment, where learners and educators experience geborgenheit, a prerequisite for their physical and psychological security. This will contribute to the holistic performance of the educational task by the teacher for the benefit of the learners. / MEd (Education Law), North-West University, Potchefstroom Campus, 2013

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 study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour 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

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Text in Afrikaans, with abstracts in Afrikaans, English and Xhosa / Dissipline in skole en leerders se uitslae het sedert 1994 baie verswak. Aanranding op opvoeders haal daagliks die nuus wat 'n swak beeld van die stand van onderwys in Suid-Afrika die wêreld instuur. Hierdie studie het die rol wat die skoolbestuurspanne kan doen om 'n effektiewe dissiplinebeleid in plek kan stel ten einde die gedrag van die leerders te verbeter, ondersoek. Die studie het bevind dat die skole dissiplinebeleide aangekoop het wat deur 'n eksterne maatskappy saamgestel is. Die opvoeders, ouers en leerders het geen aandeel in hierdie beleid nie en daarom neem hulle nie eienaarskap daarvan nie. Dit het ook aan die lig gekom dat die opvoeders verskillende metodes, sommige selfs onwettig, gebruik om leerders te straf. Hulle fokus op straf in plaas daarvan om die gedrag van die leerders te herstel. Die studie doen aanbevelings oor wat die skoolbestuurspan kan doen en gee riglyne vir die opstel van 'n effektiewe dissiplinebeleid. / The systemic test results shows that since 1994, discipline in schools and amongst learners has drastically deteriorated. Assaults on educators on a daily basis reach the news, which leaves a bad image to the world on the state of education in South Africa. This study investigates the role that school management teams can play to put an effective discipline policy in place to improve the behaviour of learners. The study found that schools have acquired policies on school discipline that were developed by an external company. Educators, learners and parents were not involved in the development thereof and for this reason they do not take ownership of it. It has come to light that educators use different methods, sometimes even unethical and illegal, to discipline learners. They focus on discipline (punitive) instead of trying to correct the behaviour of the learner (remedial). The study gives recommendations on what school management teams can do with guidelines on how to develop an effective discipline policy. / Iziphumo zibonisa ukuba ukususela ngo-1994 ukuqeqeshwa ezikolweni kwaye abafundi baye bahlaselwa kakhulu. Ukuhlaselwa kootitshala kwimihla ngemihla kufikelela kwiindaba ezishiya umfanekiso ombi kwihlabathi kwimfundo eMzantsi Afrika.Olu pho nonongo luphanda iqela lokulawula isikolo lingalidlala ukubeka umgaqo-nkqubo osebenzayo wokuphucula ukuziphatha kwabafundi. Olu pho nonongo luye lwabonisa ukuba izikolo zifumene imigaqo-nkqubo yokuqeqeshwa kwesikolo eyenziwe yinkampani yangaphandle. Ootitshala, abafundi nabazali abazange bathathe inxaxheba ekuphuhlisweni kwayo ngenxa yeso sizathu abakhange bawuthathe ubunini bayo. Kwaye kwacaca ukuba ootitshala basebenzisa iindlela ezihlukeneyo, ngamanye amaxesha nangona zingekho mthethweni, ekuqeqeshweni labafundi. Zijolise ekuqeqesheni (isigwebo) endaweni yokuzama ukulungisa ukuziphatha komfundi (ukulungiswa).Uphononongo unikeza iingcomo malunga naziphi iikomiti zolawulo lwesikolo ezinokukwenza nezikhokelo malunga nokuphuhlisa umgaqo-nkqubo osebenzayo. / Educational Management and Leadership / M. Ed. (Education Management)