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

In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

Every year millions of children worldwide are forced into the labour pool. More than half of these children are involved in some of the worst forms of child labour, which include slavery, work under hazardous conditions and illegal activities such as drug trafficking and prostitution. Children involved in child labour are usually deprived of access to basics such as proper nutrition, adequate shelter, education, basic hygiene and healthcare, and recreation. Due to the increase in poverty across the world, the vulnerability of children in child labour, and their need for income to survive in a poverty-stricken environment, these children simply cannot escape from the exploitative practices and worst forms of labour. Despite the dangers associated with child labour, not all forms of work done by children are hazardous to them. The income earned by children in this way contributes substantially to their own survival and that of their families. Work can also help children acquire certain skills, which can contribute to their development. This dissertation investigates, in the light of the current socio-economic circumstances of South Africa, the possibility to allow children to work for their survival and simultaneously to protect them through regulatory measures from exploitative labour practices and the worst forms of child labour. The dissertation starts with a general overview of child labour, including the historical development of the regulation of child labour, problems encountered in defining child labour, advantages and disadvantages of child labour as well as the various current perspectives and approaches to child labour. Special attention is given to the importance of education and the current problems experienced in the education system (which needs to be adjusted for child labourers) as well as the situation regarding girls in the labour market. An exploration of the international legal framework applicable to child labour is coupled with a description of the current international conventions as well as international initiatives, which mainly seek to eliminate child labour. Emphasis is placed on the most important conventions that have a direct impact on child labour: The United Nations Convention on the Rights of the Child, the International Labour Organisation's conventions and the African Charter on the Rights and Welfare of the Child. Subsequently, the dissertation canvasses the approach to child labour in South Africa with an overview of the nature and extent of child labour in South Africa and an exploration of the nexus between international law and South African national law. The author expounds in detail on the current South African national legal framework applicable to children and child labour, as well as the variety of South-African programmes that seek to effectively regulate child labour. By way of comparison, the author investigates the approach to child labour in India, exploring the socio-economic and political circumstances as well as the extent of child labour in India, as also the federal law and child labour programmes that regulate child labour in India. India’s approach to child labour is compared with that of South Africa to gauge how the two differ and what South-Africa can adopt from India. The dissertation critically evaluates the South African approach to child labour and offers proposals to address the challenges in limiting, if not eradicating, the worst forms of child labour and its exploitative practices in South Africa. The author reviews and evaluates the measures and programmes implemented in India, with a view to improve the position of children involved in child labour in South Africa. The author closes by critically analysing the hypothesis posed at the outset of this study: that a judicious acceptance of child labour (excluding its worst forms), when considered in the context of its proper and effective regulation through legislation and enforcement, is the best approach to combat the perils associated with child labour in South Africa. / Dissertation (LLM)--University of Pretoria, 2012. / Private Law / unrestricted

The Mineral and Petroleum Resources Development Act (28 of 2002) (MPRDA) and the accompanied Broad-based Socio-economic Empowerment Charter aimed to rectify previous inequalities and disadvantages in the mining sector and specifically provide for the inclusion of women in core mining activities. According to the Act and the Charter, the mining industry was supposed to reach a quota of 10% women in core mining activities by 2009. The amendment of the Broad-based Socio-economic Empowerment Charter for the South African Mining and Minerals Industry (launched in 2010) set further requirements in terms of employment equity targets; the Charter requires a 40% historically disadvantaged South African representation in core and critical skills by 2015. Although well intended, the establishment of gender equality in the male-dominant mining sector remains one of the biggest equity challenges in the country and numerous problems accompany the deployment of women in core mining activities. Against this background, the main objective of the study was to critically analyse gender issues in the mining sector and to subsequently develop a conceptual framework that will enable the mining sector to contribute to and ensure the sustainable employment of women in the mining sector. A literature review was done, firstly to provide an understanding of persistent inequalities in society and the workplace, and secondly to gain an in-depth understanding of the variables that have an impact on women in the world of work in general and in the mining sector specifically. An empirical study was conducted to determine and investigate relevant gender-related issues in the mining sector. Quantitative (questionnaires) and qualitative (semi-structured interviews, focus group discussions and direct observation) research paradigms were used. From the literature review as well as the empirical study, it is evident that the deployment of women in core positions is still accompanied by various challenges, not only for managers but also for male co-workers as well as the women themselves. Although the numbers of women in the South African mining industry have risen, there is still a long way to go to successfully and sustainably ensure women‟s participation in the industry. Through the literature study and the empirical research, it became clear that various factors need to be considered for the successful and sustainable deployment of women in the mining sector. The study concludes by making recommendations and offering a conceptual framework, with the main pillars being company policies, workplace opportunities, infrastructure facilities, physical ability, health and safety and workplace relations. This framework can be implemented and used by various stakeholders in the mining sector to contribute to the successful and sustainable deployment of women in the mining sector. / PhD (Sociology), North-West University, Potchefstroom Campus, 2014

The Mineral and Petroleum Resources Development Act (28 of 2002) (MPRDA) and the accompanied Broad-based Socio-economic Empowerment Charter aimed to rectify previous inequalities and disadvantages in the mining sector and specifically provide for the inclusion of women in core mining activities. According to the Act and the Charter, the mining industry was supposed to reach a quota of 10% women in core mining activities by 2009. The amendment of the Broad-based Socio-economic Empowerment Charter for the South African Mining and Minerals Industry (launched in 2010) set further requirements in terms of employment equity targets; the Charter requires a 40% historically disadvantaged South African representation in core and critical skills by 2015. Although well intended, the establishment of gender equality in the male-dominant mining sector remains one of the biggest equity challenges in the country and numerous problems accompany the deployment of women in core mining activities. Against this background, the main objective of the study was to critically analyse gender issues in the mining sector and to subsequently develop a conceptual framework that will enable the mining sector to contribute to and ensure the sustainable employment of women in the mining sector. A literature review was done, firstly to provide an understanding of persistent inequalities in society and the workplace, and secondly to gain an in-depth understanding of the variables that have an impact on women in the world of work in general and in the mining sector specifically. An empirical study was conducted to determine and investigate relevant gender-related issues in the mining sector. Quantitative (questionnaires) and qualitative (semi-structured interviews, focus group discussions and direct observation) research paradigms were used. From the literature review as well as the empirical study, it is evident that the deployment of women in core positions is still accompanied by various challenges, not only for managers but also for male co-workers as well as the women themselves. Although the numbers of women in the South African mining industry have risen, there is still a long way to go to successfully and sustainably ensure women‟s participation in the industry. Through the literature study and the empirical research, it became clear that various factors need to be considered for the successful and sustainable deployment of women in the mining sector. The study concludes by making recommendations and offering a conceptual framework, with the main pillars being company policies, workplace opportunities, infrastructure facilities, physical ability, health and safety and workplace relations. This framework can be implemented and used by various stakeholders in the mining sector to contribute to the successful and sustainable deployment of women in the mining sector. / PhD (Sociology), North-West University, Potchefstroom Campus, 2014

Navorsingsresultate toon dat treitering ‘n ernstige probleem is wat wêreldwyd voorkom, ook in Suid-Afrika en dat die getal slagoffers wat daardeur geraak word skrikwekkend hoog is. Die doel van hierdie studie is om die regsimplikasies van treitering van leerders deur mede-leerders in Suid-Afrikaanse openbare skole vir die onderwysbestuur en onderwysreg te ondersoek en te beskryf. Met die term “onderwysbestuur” word verwys na onderwys op nasionale vlak, provinsiale vlak en skolevlak. Die regsimplikasies vir die onderwysreg is hoofsaaklik daarin geleë dat daar nuwe kennis tot die onderwysreg toegevoeg word. Dit is aksiomaties dat regsimplikasies onlosmaaklik verbonde is aan regsreëls. Daar kan slegs sprake wees van regsimplikasies van ‘n aangeleentheid as daar regsreëls is wat die aangeleentheid beheer en rig – in die geval van hierdie studie, die regsreëls wat die bestuur en hantering van treitering in Suid-Afrikaanse openbare skole rig en beheer. Die regsreëls wat die bestuur en hantering van treitering in Suid-Afrikaanse openbare skole rig en beheer, is deel van die Handves, internasionale kinderregte-ooreenkomste, wetgewing, die gemene-reg, deliktereg, die strafreg en regspraak. Om die navorser in staat te stel om die regsreëls in ge-noemde regsbronne te identifiseer, is ‘n deeglike kennis van die fenomeen “treitering” noodsaaklik. Om die regsimplikasies van hierdie regsreëls te bepaal, beteken dat hierdie regsreëls binne die konteks van “treitering” as fenomeen geïnterpreteer moet word. Daar moet dus beskryf word hoe hierdie regsreëls toepassing vind met betrekking tot treitering. Die interpretasie van hierdie regsreëls binne die konteks van treitering geskied deur middel van semi-gestruktureerde onderhoude met geïdentifiseerde respondente wat geïdentifiseer is op grond van hul kennis van spesifieke regsdissiplines en die praktyk soos byvoorbeeld menseregte en kinderregte, die gemenereg, die deliktereg, die strafreg, die onderwysreg asook die regspraktyk en onderwysregspraktyk. Die beskrywing van die regsimplikasies vir die onderwysbestuur en onderwysreg is hoofsaaklik gegrond op die response (bevindinge) van die respondente, maar die regsimplikasies word uitgebrei deur die response van die respondente te verbind aan veelvuldige bronne van informasie. Hierdie aanvullende informasie wat aangewend word vir ryker beskrywing (“thick description”) lei ook die navorser tot die identifisering of beskrywing van verdere implikasies wat nie noodwendig in die respondente se response na vore gekom het nie. Die regsimplikasies van die treitering van leerders deur mede-leerders is omvattend en het implikasies vir die onderwysbestuur op nasionale vlak, provinsiale vlak, distriksvlak en skolevlak en wel ten opsigte van die volgende afdelings van die Suid-Afrikaanse reg: fundamentele regte, wet-gewing, die deliktereg en strafreg. ENGLISH: Research results indicate that bullying is a serious problem worldwide, South Africa included, and that the number of victims affected is alarmingly high. The purpose of this study is to investigate and describe the legal implications that bullying of learners by fellow learners in South African public schools has for education management and education law. “Education management” refers to education at national, provincial and school levels. The legal implications for education law lie mainly in the fact that new information is being added to the body of education law. It is axiomatic that legal implications are inextricably bound to legal rules. One can only speak of legal implications if there are legal rules that control and direct them – in the case of this study it is the legal rules that control and direct the management and operation of bullying in South African public schools. The legal rules that control and direct the management and operation of bullying in South African public schools are part of the Bill of Rights, international children’s rights conventions, legislation, common law, law of delict, case law and criminal law. A thorough knowledge of the phenomenon “bullying” was necessary to enable the researcher to identify the legal rules contained in the legal sources mentioned. In order to determine the legal implications of these legal rules, it was necessary to interpret these legal rules within the context of the phenomenon “bullying”. It was therefore necessary to describe how these legal rules are applied with regard to bullying. The interpretation of these legal rules within the context of bullying was done by means of semi-structured interviews with identified respondents who were identified on grounds of their knowledge of specific law disciplines and practice such as human rights and children’s rights, common law, the law of delict, criminal law, education law and legal practices and education law practices. The description of the legal implications for education management and education law is based mainly on the responses (findings) of the respondents, but the legal implications are extended by linking the responses of the respondents with many other sources of information. This supplementary information, which is used to enrich the description (thick description), also led the researcher to identifying or describing additional implications that were not necessarily evident from the responses of the respondents. The legal implications of the bullying of learners by fellow learners, are comprehensive and have implications for education management at national level, provincial level, district level and school level, especially in terms of the following sections of South African law: fundamental rights, legis-lation, the law of delict and criminal law. / Thesis (PhD)--University of Pretoria, 2008. / Education Management and Policy Studies / unrestricted

South Africa’s VAT legislation has specific value and time of supply rules. It does not have a specific section for place of supply rules, but this is however incorporated within the various sections of the Act. Still, there is sometimes uncertainty regarding what the place of supply would be, especially when it comes to telecommunication services across borders. Some foreign countries, like European countries, have specific place of supply rules. However, South Africa does not specify where the specific place of supply of telecommunication services should be. International roaming complicates matters as a South African resident can visit a foreign country and make calls from the foreign country to yet another country, but is then billed in South Africa at a rate including VAT at 14%. One could argue that this is not the correct treatment as it could be deemed an export of services, which would generally be zero-rated. During the interviews it was discovered that the foreign network operator billed the South African network operator for the services rendered to the South African operator’s customer in the foreign country. Some operators levy VAT on this charge at that country’s VAT rate, whereas other countries’ operators will levy at a rate of zero percent. However, the South African resident is levied at a charge including VAT at 14%, regardless of whether the operator was charged VAT by the foreign operator or not. Costs of international roaming are already high and, therefore, international roaming can become very expensive for customers. The researcher suggests that the agreement be revisited and that VAT is only charged in the country where the consumption of the supplies takes place, or in the case of a service, where the service is utilized. It is however much more complex with telecommunication services as there are various networks that go through numerous countries, and can include the customer’s home country. AFRIKAANS : Suid-Afrika se BTW-wetgewing het reëls wat spesifieke waarde en tyd van lewering bepaal. Hoewel dit nie 'n spesifieke artikel het met reëls wat handel oor die plek van lewering nie, is dit egter in die verskillende artikels van die wet geïnkorporeer. Tog is daar soms onsekerheid oor waar die plek van lewering is, veral wanneer dit telekommunikasiedienste raak wat oor grense verskaf word. Sommige lande, byvoorbeeld Europese lande, het spesifieke reëls wat plek van lewering bepaal. Suid-Afrika spesifiseer egter nie die spesifieke plek van lewering van telekommunikasiedienste nie. Internasionale selfoon swerwery kompliseer sake omdat 'n Suid-Afrikaanse inwoner die buiteland kan besoek en oproepe van daar na nog 'n ander land maak, maar steeds in Suid-Afrika gefaktureer word teen 'n koers insluitend BTW teen 14%.’n Mens kan argumenteer dat dit nie die regte hantering is nie omdat dit 'n uitvoer van dienste geag kan word, wat gewoonlik genulkoers word. Daar is tydens die onderhoude ontdek dat die buitelandse netwerk-operateur die Suid- Afrikaanse netwerk-operateur faktureer vir die dienste aan die Suid-Afrikaanse operateur se kliënte in die buiteland. Sommige operateurs hef BTW op hierdie koste teen die koers van daardie land se BTW, terwyl ander lande se operateurs teen 'n koers van nul persent sal hef. Die Suid-Afrikaanse inwoner word egter teen ‘n koste insluitend BTW van 14% gefaktureer, ongeag of die operateur deur die buitelandse operateur teen ’n koste insluitend BTW van 0% of ‘n ander persentasie gefaktureer is. Koste van internasionale selfoon swerwery word gehef in die land waar die voorrade gebruik word, of in die geval van 'n diens, waar die diens gebruik word. Die koste kan baie hoog wees. Dit is egter baie meer kompleks met telekommunikasiedienste omdat daar verskeie netwerke is wat deur talle lande kan gaan. Dit kan moontlik in die kliënt se land van herkoms ook wees. / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / unrestricted

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.