Legal aspects of school governance and management in the security of the educator-coach: a sport law perspective

MEd (Education Law), North-West University, Potchefstroom CampusSport participation at school level has always been accepted as part of the South African school setup. Many educators are expected to participate in school sport by fulfilling different roles, such as being a coach, organiser, referee or official. As part of the developing democracy, South Africans have become more aware of their fundamental rights and are more prone to consider taking legal action for damage suffered. In education, more focus is put on the legal imperatives of educator-coaches, while these coaches are not knowledgeable of the legal imperatives associated with their coaching. This compromises their security because they can be held delictually liable in cases of injuries or other types of damage to children. The focus of this study was on enhancing the security of the educator-coach from a public school management and governance point of view. This study was conducted within the field of Education Law and the educator-coach’s security was discussed from a legal perspective. Legal determinants consulted included the Constitution, applicable education and children’s legislation, relevant case law, and common law. Delictual liability as legal determinant was a focal point in the common law discussion. This was a qualitative study with an empirical investigation during which interviews were conducted with a variety of participants involved in school sport coaching. Four categories emerged from the data and the findings were discussed. One main finding is that most of the participants were relatively uninformed about the legal determinants and legal imperatives that regulate sports coaching. For most participants, including management and governance, it is an uncertain field which, if they could become more knowledgeable, could contribute to the enhancement of the security of the educator-coach as well as the children. Role players in school sport need to be more conscious of the legal framework they find themselves in. Management and governance should ensure that a comprehensive sport policy is formulated for and implemented at their school in order to enhance the security of educator-coaches. Educator-coaches also need to fulfil their duty by not only being aware of applicable laws and policies but also being able to deal with possible legal risks by applying the policies decisively.Master