The teacher and educational law : perspectives of teachers on their engagement in an educational law model

Abstract: The education system in South Africa has undergone far-reaching changes since 1994. Despite the legislative and structural changes initiated to conform to the new Constitution, numerous socioeconomic challenges remain. Various education laws and education policies have emerged to ensure that a new national education system which would redress past injustices in educational provision and provide education of high quality for all learners. The South African Schools Act, 1996 strives to provide for a uniform system for the organisation, governance and funding of schools by, amongst other aims, setting uniform norms and standards for the education of learners. In order to meet the terms of the founding values (human dignity, equality and freedom) of the South African Constitution, one of the most important challenges is to create and maintain a safe, disciplined environment where effective teaching and learning can take place. Therefore school principals, educators and school governing bodies must adhere to in terms of the diversity of South African societies and the vast differences between rural, township and urban schools in order to fulfil their functions as stipulated in the South African Schools Act of 1996. The literature focuses on the legal structure within which schools must operate to guarantee equal educational opportunities and create a positive disciplined school where learners and educators not only know what is expected, but also feel secure. Several examples from South African case law and newspaper reports designate that numerous school principals, school governing bodies as well as teachers do not acknowledge the authority of the Constitution. They are unaware of basic procedures like the suspension and expulsion of learners...M.Ed. (Educational Management and Leadership