PER: 2011 Volume 14 No 6
31 October 2011
- Deliktuele aanspreeklikheid van die afrigter in skolesport - 'n sekuriteitsaangeleentheid / Rossouw, JP & Keet, W
- Liability for the payment of public school fees / Carnelley, M
- Religious and cultural dress as school: a comparative perspective / De Waal, E; Russo, CJ & Mestry, R
- The obligation to provide free basic education in South Africa: an international law perspective / Arendse, L
- The right to dignity and restorative justice in schools / Reyneke, M
- Sexual harassment in the education sector / Smit, D & Du Plessis, V
The papers published in this special edition on law and education were written on the initiative of the South African Education Law Association (SAELA).
JP Rossouw of the Faculty of Education Sciences of the North-West University (Potchefstroom Campus) and current chairperson of SAELA and Wilna Keet (attorney of Pratt Luyt & De Lange, Polokwane) investigate the delictual liability of educator-coaches in their combined functions as coaches, organisers of sport events, referees and sport officials in the context of the security of learner participants.
Marita Carnelley of the University of KwaZulu-Natal (Pietermaritzburg Campus) discusses parental liability for the payment of school fees in public schools in terms of the leading jurisprudence of the Supreme Court of Appeal. Her examination of the legal position covers the applicable legislation and common law norms and principles.
Elda de Waal of the Vaal Triangle Campus of the North-West University (previous chairperson of SAELA), Raj Mestry of the University of Johannesburg and Charles Russo of the University of Dayton, Ohio deal comparatively with school dress codes, contrasting the South African emphasis on religious and cultural rights with the primary concern in the US with freedom of expression.
Lorette Arendse of the University of Pretoria considers the content of the constitutional right to basic education and the legal obligations attached thereto in South Africa against the background of the state's obligations in international law in this regard. Jurisprudence relating to socio-economic rights is employed for the purpose of the analysis and conclusion.
Mariëtte Reyneke of the University of the Free State and vice-chairperson of SAELA writes about the challenges presented by the need for maintaining discipline at school and the right to dignity of those involved. She explores the possibility of employing restorative justice as an alternative disciplinary mechanism.
Denine Smit and Voet du Plessis of the University of the Free State, concerned about the poor management of the effects of sexual harassment in the educational environment point out that, instead of dealing proactively with this endemic problem, the emphasis is on the avoidance of legal responsibility and accountability.
(2011)Education should safely shape the minds and attitudes of young adults and children, especially with the in loco parentis principle in mind. Young adults who have experienced sexual harassment in the very environment that ...
(2011)A retributive and punitive approach is normally adopted in dealing with misbehaviour in South African schools. Despite the legal abolition of corporal punishment, more than 50 percent of schools still administer it. Other ...
(2011)In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free ...
(2011)This article investigates and compares the different approaches towards the dress code of learners1 in South Africa and the United States of America (US), as the US mainly base litigation concerning school dress code on ...
(2011)The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL ...
(2011)Sports law can be regarded as one of the latest developments in law. As applied to the school setting, and with special reference to sport coaching, this article deals with the five fundamental elements of the law of ...