Harming the dignity of the learner; refusing to hear his side of the story; neglecting to
help him retrieve his stolen property : such are the unfortunate occurrences at many
South African schools, and such are the experiences that have led to this research.
Dedicated educators sometimes default, leaving their wronged learners out m the cold.
The questions are therefore: • What causes this conduct of educators and why does it recur? • Is it ignorance of their legal position? • Is it insensitivity to common law principles and statutory provisions? • Is it sheer carelessness? Mindful of the introduction of the South African Constitution Act 108 of 1996, wh1ch
contains the long-awaited Bill of Fundamental Rights, this study has been undertaken
to give an educational-juridical perspective of the educator-learner relationship 1n
South African public schools by means of a literature study and an elementary legal
comparative study.
Various legal terms which influence the educator-learner relationship significantly are
defined.
In conjunction with the private law status of the learner, the position of the learner
within the school system, and the fundamental rights of the learner in the context of
the administration of justice are identified and dealt with in so far as they have any
bearing on the educator-learner relationship,
Moreover, the legal determinants of the educator-learner relationship and the
educator's duty of care are pinpointed to determine their significance in an
accountable, responsive and open educator-learner relationship,
A comparative school law perspective of the sources of school law, the duties and
responsibilities of educators, the fundamental rights and legal obligations of the
learner, the educator's duty of care, discipline and legal liability in England and Wales,
Canada, Japan, and South Africa is presented in terms of similarities and differences,
Attention is paid to the necessity of informing educators and learners concerning their
respective rights and duties, in order to develop accountable, responsive and open
educator-learner relationships in South African schools, / Thesis (Ph.D.)--Potchefstroom University for Christian Higher Education, 2000
| Identifer | oai:union.ndltd.org:NWUBOLOKA1/oai:dspace.nwu.ac.za:10394/8616 |
| Date | January 2000 |
| Creators | De Waal, Elda |
| Publisher | Potchefstroom University for Christian Higher Education |
| Source Sets | North-West University |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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