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Study guide compiled by:
Authors: Mrs A de Wet, Dr/Adv EM Serfontein, Prof HJ Steyn, Dr L Meyer, Prof PJ Mentz, Mrs N Morake
=Page layout by Elsabe Strydom, graphikos.
Printing arrangements and distribution by Department Logistics (Distribution Centre).
Printed by Nashua Digidoc Centre (018) 299 2827
Copyright 2012 edition. Date of revision 2012.
North-West University, Potchefstroom Campus.
No part of this book may be reproduced in any form or by any means without written permission from the publisher.
A word of welcome vii
Module outcomes vii
Credit and time distribution vii
Study material viii
Assessment criteria viii
Examination admission ix
Assignment 1 – education law (Section A) xi
Assignment 2 - education systems (Section B) xii
Assignment 3 – education management
(Section C) xiii
Study hints xiii
Contact details of lecturers xiv
Warning against plagiarism xvi
Study section A
Education Law 1
A word of welcome 2
The aim of this section on education law 2
Study material for education law 2
Study hints 4
Examination tips for education law 5
1 Introduction to Education Law 7
1.1 Security as a prerequisite for education 8
1.2 Sources of education law 10
1.2.1 The Constitution of the Republic of South Africa 12
1.2.2 Legislation 14
1.2.3 Common Law 17
1.2.4 Case Law 18
2 Constitutional rights and responsibilities 21
2.1 Democratic values 23
2.2 Application of the bill of rights 23
2.3 Limitation of rights 24
2.4 Enforcement of rights 25
2.5 Interpretation of rights 26
2.5.1 Section 39 26
2.5.2 The relationship between rights and responsibilities 26
2.6 Section 9 – equality 28
2.6.1 What is equality? 29
2.6.2 What is discrimination? 30
2.7 Section 10 – human dignity 32
2.8 Section 12 – freedom and security of the person 34
2.9 Section 14 – privacy 35
2.10 Section 15 – freedom of religion, belief and opinion 37
2.11 Section 16: Freedom of expression 39
2.12 Section 18 – freedom of association 41
2.13 Section 23 – Fair labour practices 42
2.14 Section 28 – Children’s rights 43
2.14.1 The private law status of the child 44
2.14.2 Sections 28(1) and 28(2) 46
2.14.3 Constitutional values and children’s rights 46
2.15 Section 29 – the right to education 47
2.15.1 The right to education 48
2.15.2 Language of instruction 50
2.15.3 Independent schools 52
2.16 Section 30 and 31 – language, culture and religion – the right to be different 52
2.17 Section 33 – just administrative action 55
3 The educator as an employee 57
3.1 Professionalism 58
3.2 Labour law for educators 58
3.2.1 Legislation for labour relations in education 59
3.2.2 Collective labour relations 60
3.2.3 Individual labour relations 60
3.2.4 The rights and obligations of the employer 61
3.2.5 Dismissal of employees 62
3.2.6 Grievances against employers 64
3.3 Conditions of service for educators 65
3.4 appointments by the governing body 66
4 Care and safety of learners 69
4.1 The responsibility of the educator 70
4.1.1 The responsibility of the educator in terms of the SA Constitution 70
4.1.2 The responsibility of the educator in terms of education legislation 70
4.1.3 The educator’s common law role of in loco parentis 71
4.2 Accountability 72
4.3 Possible liability for emotional and psychological damage 74
4.4 Possible liability for HIV-related harm 75
4.5 Who is liable? 75
4.6 Indemnification and waiver 75
4.7 Measures to avoid liability 76
5 Dealing with contemporary issues in education 79
5.1 Dealing with learner discipline 80
5.1.1 Human rights 81
5.1.2 A Code of Conduct for Learners 81
5.1.3 Search and seizure 81
5.1.4 Suspension and expulsion 82
5.1.5 No corporal punishment 83
5.2 Dealing with violence in schools 85
5.3 Dealing with HIV and aids 87
Appendix to Study Section A 91
Study section B
Education systems 101
A word of welcome 102
The aim of the section on education systems 102
Study material for education systems 103
Study tips for education systems 103
Field of study 103
Section layout 104
6 The nature and aims of an education system 105
6.1 The concepts education and training 106
6.2 Definition of an education system 106
6.3 The aims of an education system 108
6.4 The different components of an education system 108
7 Determinants in the South African education system 111
8 Education system policy as a component of the South African education system 113
8.1 National policy 114
9 Education system administration as a component of the South African education system 115
9.1 Education system administration at macro level 116
9.2 Education system administration at meso level 117
9.3 Education system administration at micro level 118
10 Structure for teaching as a component of the South African education system 121
10.1 Different education levels and institutions according to the national qualifications framework 122
10.2 Curricula, differentiation and certification 124
10.3 Regulations regarding compulsory education, the medium of instruction, language and religion 125
10.4 The learners 126
10.5 The educators/trainers 127
10.6 Dependent and independent education institutions 128
11 Support services as a component of the South African education system 131
11.1 Support services to educators 132
11.2 Support services to learners 133
11.3 Support services to teaching and learning activities 134
12 The education system of Lesotho 135
12.1 Determinants of the Lesotho education system 136
12.2 The aims of the Lesotho education system 136
12.3 The structure for teaching of the Lesotho education system 137
12.4 Compare the education systems of Lesotho and South Africa 138
Study section C
Education management 141
A word of welcome 142
The aim of this section on education management 142
Study material for education management 142
Study tips on education management 142
13 Classroom management 143
13.1 Why study classroom management? 144
13.2 The four management tasks 145
13.3 Time management 146
13.4 Approaches to classroom management 147
14 Meetings 149
15 The beginner educator and practice shock 151
15.1 Problems experienced by beginner educators 152
15.1.1 The beginner teacher: orientation 152
15.2 Responsibilities of and to the beginner educator 153
15.3 Mentorship 154
A word of welcome
The Faculty of Education Sciences and the School of Education welcome you and hope that you will find this year of study and this module in particular insightful and enriching. May you experience the training you will receive very positively and may you grow in knowledge, understanding, teaching and communication skills, as well as in life values.
The Postgraduate Certificate in Education (PGCE) is a qualification that will prepare you for the teaching profession. In teacher education the emphasis is no longer on contents but rather on outcomes. The present aim is to help you master the necessary outcomes. Therefore, assessment will focus mainly on the skills you have to demonstrate.
We wish you all of the best for this year.
After completion of this module, the student teacher should be able to contribute to quality education in a diverse community by having obtained the following competencies:
Credit and time distribution
This module consists of 12 credits divided into three sections. In terms of time allocation the rule of thumb is 10 notional (study) hours per credit. The notional time includes all the reading, preparation, assignments, tests, time to study, etc. A total of 120 credits thus implies that you will need about 120 study hours for the module. The hours you spend on the module includes time for attending classes, doing assignments, self-study, individual or group assignments, as well as preparation for the examination.
This module consists of three different study sections representing three distinct but closely related subject areas:
Section A: Education Law (4 credits);
Section B: Education Systems (4 credits) and
Section C: Education Management (4 credits).
Education law influences the education system and vice versa, and both law and system influence classroom management. The three subject areas can therefore be said to be closely linked, although definitely separable. For every section, every study unit will indicate the required number of hours for successful completion. You should plan your study timetable in such a way that you have sufficient time for each of the modules that forms part of your studies.
This study guide forms an important part of your study material. Your study guide will act as a compass to guide you through the study matter. Use every learning opportunity to the fullest. The importance of continued self-study cannot be overemphasised. Apart from the study guide, other study material is prescribed which you should buy. For this module you will need the following textbooks:
1. Oosthuizen IJ, Rossouw JP & De Wet A. 2004. Introduction to Education Law. Pretoria: Van Schaik. Also available in Afrikaans.
2. Rossouw, JP & Oosthuizen, IJ. 2008. Statutes for Education Law. Potchefstroom: Festina Lenté.
3. Steyn HJ, Steyn SC & De Waal EAS. 2002 The South African Education System – Core Characteristics. Potchefstroom: Brainbooks.
4. Mentz, PJ & Pienaar, JF. 2001 The Educator as Manager. A Handbook for Pre-service and In-service Educators. Potchefstroom. Available from Protea Bookshop.
Continuous assessment in the form of projects, assignments and self-assessment tests may take place in the course of every study unit. Formative assessment will include group or individual assignments, class tests and a class participation mark.
Summative assessment will take place during the written examination at the end of the semester when the focus will be on exit outcomes. The written exam for this module will be partially open book (Statutes of Education Law may be taken into the exam venue).
The participation mark and the examination mark are taken into account for your final mark in the following ratio:
Participation mark (50) + Examination mark (50) = Final mark (100)
You have different prescribed study materials and assignments for every study section, but will write only one exam paper.
You will know that you have reached the outcomes when you can do the following:
You have to submit all your assignments on time to gain admission to the examination. You therefore have to complete the assignments in every course and submit them for assessment. If you do not submit ALL your assignments on time, you will not be allowed to write the examination since the marks you receive for the assignments will count towards your participation mark.
The 3-hour examination paper will include questions on all the study sections and study units (A, B and C). The total for the question paper is 150 marks (50 marks per section). For Section A: Education Law you will be allowed to take your book, Statutes of Education Law, into the exam venue (partially open-book examination). No other books may be taken in. Other sections do not have open-book exams. The total obtained in the question paper will be converted to a percentage which will represent your examination mark for the module.
You need to submit three assignments for this module, one per study section. The assignments will form part of your participation mark. Every assignment will count 50 marks, adding up to a total of 150 which will be converted to a participation mark out of 100 (percentage) for the module. Other marks for class tests and class participation may also be included in your participation mark, at the discretion of the lecturer.
Important technical requirements for all assignments:
When completing and submitting your assignments, the following technical guidelines must be adhered to:
The dates for the assignments
Section A: Education Law: For Students on the Potchefstroom campus, submit by 31 August. For students on the Vaal Triangle campus, the date will be communicated during the first contact session.
Section B: Education Systems: By 14 September. For the Vaal Triangle campus the date will be communicated during the first contact session.
Section C: Education Management: By 30 September. For the Vaal Triangle campus the date will be communicated during the first contact session.
Assignments not received in time will not be taken into account for your participation mark. Plan well ahead and start with your assignment in good time so that you can submit it by the due date. This is especially important if you work in a group. Effective time management and planning are skills that you should be able to demonstrate at post-graduate level and also soon as a professional educator.
Assignment 1 – education law (Section A)
Question 1 – Corporal Punishment
This cartoon by Zapiro reflects the view that corporal punishment in schools is acceptable if it is done with love. Discuss the legal justifiability of this view by referring to:
1.1 Relevant provisions in the SA Constitution (10)
1.2 Relevant provisions in the South African Schools Act (5)
1.3 Relevant guidelines in the Guidelines for Governing Bodies in Adopting a Code of Conduct for Learners (5)
1.4 Relevant Constitutional Court cases (5)
Question 2 – Liability
Study the following case study before answering the questions:
During a woodwork lesson at the Fieliekaspaai High School in the Free State a tragedy occurred. The boys in the class were sawing wood on the circular saw as part of a project they were working on – making furniture. Mr Powers kept a close watch on their progress. Miss Longlegs, the newly appointed gymnastics teacher, came to chat to Mr Powers as she had a free lesson. It wasn’t long before the two of them were standing outside the classroom and laughing out loud at each other’s silly jokes.
When the boys noticed that the teachers were standing outside the classroom, they tried to work more quickly with the circle saw in order to finish their work sooner. They became involved in an argument and one boy, Gavin, cut off his thumb as another boy pulled out a piece of wood from under the saw while he was working on it.
When Mr Powers and Miss Longlegs heard the yelling, they ran into the classroom and found the bleeding Gavin. Miss Longlegs fainted and Mr Powers knelt at her side. Luckily one of the boys, Garth, had a cell phone with him and called the paramedics. They took Gavin to the hospital in an ambulance.
Evaluate the actions of Mr Powers by considering all you have learned with regard to the responsibilities of an educator towards learners. In your answer refer to the following:
2.1. damage; (4)
2.2 an Act; (2)
2.3 causal link; (2)
2.4 unlawfulness; and (7)
2.5 fault. (10)
Total for Assignment = 50
Assignment 2 - education systems (Section B)
One of the following two assignments must be submitted for assessment:
In not more that 900 words, explain the influence of any two external determinants that determine the nature and functioning of the South African education system. Refer to the following in your explanation:
Write a 900-word article on two major challenges faced by the South African education system. You may structure your article according to the following paragraphs:
Assignment 3 – education management
Assignments will be formulated and communicated on every campus.
A prerequisite for the successful completion of this module is that you should be committed and self-disciplined. You are expected to accept responsibility for your own learning process. Ensure that you are thoroughly familiar with the contents of this study guide and the prescribed study material. Your study guide will act as a compass to guide you through the study matter. Use every learning opportunity optimally. The importance of continued self-study cannot be overemphasised. Do not hesitate to ask if you need assistance or advice, or simply want to talk. Keep in mind that the hours you spend in class or the lecture room makes up a minor part of the total number of hours you need to spend on this module. It is therefore your responsibility to become familiar with the content and you should not expect everything to be discussed or explained during class or lectures. Before attending a class, you should study the relevant study unit by following the study guide. In using the study guide, follow these steps:
Contact details of lecturers
G 06E-mailNnior.firstname.lastname@example.orgTelephone018 389 2390Preferred method of communication:At lecture hall and officeConsulting hoursIndicated on office door
NB: Always make an appointment when you want to see a lecturer.
Warning against plagiarism
ASSIGNMENTS ARE INDIVIDUAL TASKS AND NOT GROUP ACTIVITIES. (UNLESS EXPLICITLY INDICATED AS GROUP ACTIVITIES)
Copying of text from other learners or from other sources (for instance the study guide, prescribed material or directly from the internet) is not allowed – only brief quotations are allowed and then only if indicated as such.
You should reformulate existing text and use your own words to explain what you have read. It is not acceptable to retype existing text and just acknowledge the source in a footnote – you should be able to relate the idea or concept, without repeating the original author to the letter.
The aim of the assignments is not the reproduction of existing material, but to ascertain whether you have the ability to integrate existing texts, add your own interpretation and/or critique of the texts and offer a creative solution to existing problems.
Be warned: students who submit copied text will obtain a mark of zero for the assignment and disciplinary steps may be taken by the Faculty and/or University. It is also unacceptable to do somebody else’s work, to lend your work to them or to make your work available to them to copy – be careful and do not make your work available to anyone!
Study section A
Written by Annamagriet de Wet 2008
Updated by Annamagriet de Wet and Erika Serfontein 2009
It is recommended that you allow approximately 40 hours for completing this study section successfully.
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