Die regte van die leerling as regsubjek

Abstract

Mindful of the imminent introduction of a South African Bill of Rights, this study has been undertaken to define the rights and duties of the South African pupil by means of a literature study and an elementary study of comparative law with a view to promoting pedagogical education. Various legal terms which influence the classification of the rights of the pupil significantly are defined. In conjunction with the three sources of educational law (viz common law, legislation and case law), the status of the minor personality, the administrative educational procedure and the legal status of the pupil as determinants for pedagogical education are identified and dealt with in so far as they have any bearing on the rights of the pupil. In addition to the exposition of the existing legal status of the pupil, a survey is made of the pupil, as determinant for pedagogical education in order to draw conclusions by means of similarities, differences and shortcomings. Important concepts concerning the teacher's rights and duties toward the pupil that come to light in this script are bona fides, quasi-judicial competence, rules of natural justice, ultra vires and in loco parentis. Important concepts that come to light concerning the rights and duties of the pupil toward others are legal capacity, personality rights, correct information, authority and discipline, procedural rights and duties The concept "the rights of the child" is shown to imply certain duties that should be performed by the pupil. Pedagogical education is shown to be impracticable unless not only the teacher and the parents, but also the pupil performs his duties. Attention is paid to the necessity of informing teachers, parents and especially pupils concerning their respective rights and duties, so that pedagogical education can reach its optimum development in South Africa.