The safety of teachers has been researched in South Africa, but less is known about education law that regulates functionaries' duty to act to ensure teachers' right to safety from violence in public schools. Section 12(1)(c) of the Constitution of 1996 provides that "(1) [e]veryone has the right to freedom and security of the person, which…

In South Africa, the common law principle of "in loco parentis" entitles teachers, as the guardians in the school environment, to discipline learners. However, in view of new legislation advancing children's rights, it is unclear as to the extent to which teachers can or do enact the "loco parentis" role. This study employed a…

Well-managed schools are characterised by the presence of properly selected and dedicated educators. The authors argue that the uncontrolled involvement of unions in the selection and promotion of teachers may lead to the infringement of educators' rights and poor performance during the execution of their duties. Findings in the study reveal that…

Developments in South African labour legislation since the inception of the new democracy indicate serious attempts by the legislators to protect the interests of employees. The Bill of Rights has, concurrently, enshrined a variety of fundamental rights that, in principle, offer protection in the workplace. Despite this established, protective…

Almost annually, South African education is troubled by strike action and the temporary discontinuation of teaching and learning. While teachers claim their constitutionally protected right to participate in strikes, learners' equally constitutionally protected right to education is violated. Not only is a tension between these two rights…