In the recent past South Africa saw an increase in participation in school sport
concomitant with an increase in litigation awareness in society. Legal accountability
based on damage suffered in the participation in sport has become more common,
introducing an additional dimension to risk management by the educator.
Learner safety is one of the key aspects in a school. Educator accountability with
regard to the safety of learners in school sports is a focus of attention.
An effective risk management programme to limit injuries and risks to participants in
school sports must be developed. Risk management is the prime instrument by which
injuries and the potential exposure of the educator or school to damage and legal
accountability can be reduced or prevented.
Some aspects of legal risk management are crucial for the educator's duty of care
during coaching and the educator's legal duty with regard to the participants' safety.
The educator must possess enough legal knowledge to successfully carry out his
duty of care. This research will critically assess the safety strategies and the legal risk
management of participation in school sports in South Africa. To be able to do this, I
determined which common-law and legally accountable determinants can be
applicable and what role they will play to ensure the safety of learners in schools.
Firstly a literature study in legal risk management in school sports was done. This
study found that the educator's responsibilities and obligations are determined by
common-law and case law determinants.
An empirical investigation was launched. Interviews were conducted with educators
involved in sports in the Dr Kenneth Kaunda district of the North-West Province. The
topic was the current state of affairs in risk management in school sport. The participants' perceptions of legal risk management were discussed and their views
analysed, whereupon findings and recommendations were made.
The general impression based on the results was that the educators experience huge
uncertainty and are seriously uninformed about with regard to delictual liability
towards learners under their care. It was found that educators do not have sufficient
legal knowledge to comply with the requirements set by law. Therefore the security of
the participants (on grounds of their participation) and the educators (on grounds of
their legal accountability) is jeopardised.
It is recommended that all tertiary institutions develop training programmes to
empower educators and student educators with knowledge of legal procedures in
education. It is further recommended that the education department as employer
together with governing bodies, principals and trade unions support such training
programmes- now and in the future.
Finally, educators, school management teams and governing bodies should be more
risk-aware and more pro-active in preventing sport-related injuries, because of the
ignorance regarding guidelines for risk management in sports and standards of
security. The complex nature of our society makes knowledge of the legal aspects in
education by all role players in education not only desirable, but mandatory. / MEd (Education Law), North-West University, Potchefstroom Campus, 2012
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/14881 |
| Date | January 2012 |
| Creators | Jurgens, Coenraad |
| Source Sets | South African National ETD Portal |
| Language | other |
| Detected Language | English |
| Type | Thesis |
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