Newsletters


2020-04-09
Newsletter 255 - School Development & Improvement Planning 2006-2009 - PART 31


ATTACHMENT 17

METRO CENTRAL EDUCATION DISTRICT
CIRCUIT 6

SOUTH AFRICAN EDUCATION LAW

THE LEGAL FRAMEWORK

SA CONSTITUTION – SUPREME LAW

Bill of Rights: APPLY TO LEARNERS (THEY TOO ARE PEOPLE AND SA CITIZENS)
Equality & Unfair discrimination
Human dignity
Life
Freedom and Security
Privacy
Freedom of religion, belief, opinion
Freedom of expression
Freedom of association
Freedom of movement
Health care, food, water
Children: care, nutrition, protection, shelter
Education: Basic Education

NATIONAL EDUCATION POLICY ACT – ENABLING ACT
Powers of National Minister to Act & make Laws & Regulations
Provincial EPA

SOUTH AFRICAN SCHOOLS ACT – SUBSIDIARY LAW
? Cooperation
? National & Provincial Government
? Governance & Management
? Powers to SGB
? Legal standing
? Act in trust of parents
? Elected body … no recall
? Learner & Parent – based & focused
? Rights & Obligations
? Governance vis-à-vis Professional Management

EMPLOYMENT OF EDUCATORS ACT
? Employment of Educators
? Rights & Obligations
? Service Conditions
? Discipline
? Principal a representative of the Education Department
? Ex-officio member of SGB

CHILDREN’S ACT
? Rights of children
? Loco parentis

PRINCIPLES OF LAW
? No law or rule is absolute … always qualifications or restrictions
? Delegation of authority … explicit or implied by law
? De facto (legal) versus de jura (moral) authority
? Consistent or same treatment does not imply similar treatment – the law take in consideration the context or unique circumstance
? Discretion given by law
o Have you applied your mind
o Will someone else reasonably arrive at the same conclusion
o Is your application consistent with law
? Legal competence
o Legal authority to act
o Vested in position/office the person holds

WHERE DOES YOUR LEGAL AUTHORITY & OBLIGATION COME FROM
SA CONSTITUTION
NATIONAL EDUCATION POLICY ACT
SA SCHOOLS ACT
LOCAL SCHOOL RULES/POLICIES
o Constitution
o Admissions Policy
o Language Policy
o Religious Policy
o Code of Conduct for Learners
o Rights and Obligations … always qualified
 



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