An education law perspective on educator professional security

Abstract

Expectations and demands in education have changed over the years. Such changes lead to increased pressure on educators and may affect their physical and psychological wellbeing. Media reports and published research over the last few years have reported on a number of prominent factors resulting in educators developing a negative outlook on their profession. The Covid-19 pandemic, for example, forced schools to close and individuals to go into lockdown, and the demands to successfully complete the revised curriculum have consequently escalated. Expectations of the Department of Basic Education (DBE), changes the Department makes as well as different stakeholders in the school environment influence educators’ work lives considerably. This may result in a decline in educator professional security. Educators may experience physical harm, emotional abuse, and burnout. The education system also has to cope with poor teaching or educators considering leaving the profession. Educators have a duty to fulfil learners’ constitutional right to education, while the best interests of the child are of paramount importance. If educator professional security is not upheld, learners’ rights are also infringed upon. First, relevant legislation – the Constitution of the Republic of South Africa 1996, the South African Schools Act 84 of 1996, the Employment of Educators Act 76 of 1998 and the South African Council for Educators Act 31 of 2000 – were discussed. The application of this legislation in the daily practices of educators, irrespective of their post level, are measures to ensure professional security. Relevant court cases were discussed to indicate the implications for educator professional security as well as the significance of the law and jurisprudence. A qualitative research design was employed to explore the nature of educator professional security from the viewpoints of primary school educators. Educators in the Gert Sibande Education District, Mpumalanga, participated in the study. One notable finding was that, while the DBE as employer has the obligation to ensure educator professional security, the Department's actions lead to negativity amongst educators instead. Not only does this cause a decline in educator professional security, but it can also contribute to the infringement of some of the constitutional rights of both educators and learners. South Africa has a well-developed legal framework for education, and court cases that involve schools and educators are frequently reported. Yet, the findings from this study revealed that the participating educators, especially newly qualified educators, lack legal awareness and knowledge. The research findings and recommendations may lead to actions by some educational leaders and educators to bring about professional educator security rather than to depend on their employer.