LO 1: Examine the relevant legislation pertaining to Basic Education

- Every situation that arises in a school is governed by laws, rules and regulations, and every educator
needs to be familiar with these and respect the basic rights and duties of all interested parties.
- Every education manager, and all educators, should be familiar with and understand education law so
that they can use it to enhance learning and teaching
What is Law?
- body of norms and rules that must be accepted by society as a legal system.
- governs various legal relationships.
- maintains order in society and restores balance where this is ignored or disobeyed. Typical examples
of maintaining order are criminal law, traffic law and law in education.
Sources of Law:
1. The South African Constitution
- The Constitution is the supreme law of the Republic of South Africa.
- All laws or conduct inconsistent with it are invalid.
- Therefore, courts test the validity of laws (including education legislation) in terms of their
consistency with the Constitution. Similarly, conduct (including conduct by education officials and
educators) must conform to the Constitution and will be tested against its provisions for validity.
What this means is that educators must always fulfil their constitutional obligations
- Chapter 2 of the Constitution is of particular importance for the management of schools in that it
comprises the Bill of Rights. This Bill protects the right of every person to human dignity, equality
and freedom: it thus also guarantees the human dignity, equality and freedom of every learner in
the school environment.
2. Legislation or statutory law
- Legislation is passed by legislative bodies in the spheres of national, provincial or local government.
3. Policies
- Policies are not value-free. They are reflections of what government chooses to do or not to do. The
formulation of general education policy includes norms and standards and the administration of
education. Developing policies for school education are the responsibility of the DBE.
- An important aspect to remember about any national or provincial policy is that it does not have the
force of law.
- Without legal force means that the content of a policy is not legally binding and a person cannot
take a school or the DBE to court for not complying with the content of a policy.
- Education policies may have the following purposes:
- regulate or control activities
- concern the functioning of organisations such as schools
- provide and allocate financial resources such as funding from state to schools
- introduce changes to exiting systems or governance structures.
4. Common Law:
- Common law is a body of general rules prescribing social conduct. It is not contained in legislation, It
is, however, recognised and applied by the courts,
- Common law principles that are particularly important in education include the principle of natural
justice and the reasonable person's test, both used to determine negligence. The principle of natural
justice refers mostly refers to treating people with fairness and includes the ultra vires principle
that means 'listening to the other side
- .The reasonable person's test asks the question: what would a reasonable person do in a similar
situation? Many common law principles are included in legislation and are also found in case law.
5. Case Law:
- A very important aspect of education law involves the rulings handed down by courts. Case law
(court decisions by the Constitutional Court, Supreme Court of Appeal and the High Courts) is used
to determine how legal norms and standards are interpreted and applied by the courts in a specific
case.
3.4.2 Working with Learners
Key Acts Affecting Learners
1. Schools Act, 84 of 1996 (amended)
o Main education law.
o Regulates how schools are organised, governed, and funded.
2. National Education Policy Act, 1996
o Guides national education policy-making.
3. SAQA Act (1995)
o Establishes the South African Qualifications Authority.
o Ensures standards and quality in education qualifications.
Other Acts Relevant to Learners
• Children’s Act, 2005 → protects children’s rights and well-being.
• Abuse of Dependence-Producing Substances Act → protects learners from drug and substance
abuse.
• Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 → ensures equality and
prohibits unfair discrimination.
• Occupational Health and Safety Act, 1995 → ensures safe and healthy school environments.

3.4.3 Protecting the Learner’s Right to Education

• Constitution, Section 29:
o Guarantees the right to a basic education.
o This right is immediate and unqualified (not something the state can delay).
o State must provide education, not just make laws or plans.
• Purpose of the Schools Act:
o To redress past injustices in education.
o To create a uniform system of school organisation, governance, and funding.
• Courts’ Role in Interpreting the Act:
o Look at constitutional values and the Bill of Rights.
o Balance the text of the law with the context.
o Aim: ensure fairness, justice, and full protection of learners’ rights.

3.4.4 Protecting the Safety of Learners

Educators’ Core Obligation
• First duty: protect learners from foreseeable dangers.
• This applies whether the danger is caused by:
o Carelessness, or
 o Intentional harmful actions.
• While teaching is the main role, safety comes first ("do no harm").
• Child abuse and neglect remain major concerns → schools must be vigilant and informed about laws
on safe schools.

[Link] Liability and Prevention of Damages

• Section 60 of the Schools Act:
o The state is liable (responsible) for damages learners suffer due to accidents at school or
during school activities.
• Duty of Care:
o Educators have a legal duty to keep learners safe while under their supervision.
o If an educator fails (is negligent) → they can be held personally liable (must compensate
for damages).
• Liability means:
o Being responsible to pay for damages caused by your negligent, unlawful, or intentional acts.
[Link] When is an Action Wrongful?
• An educator’s conduct is wrongful when:
o A learner’s legal rights are interfered with without good reason.
o An educator fails to carry out legal duties (like the duty of care).
• Examples:
o Allowing learners to use dangerous equipment without supervision.
o Ignoring knowledge that a learner is carrying a weapon.

[Link] Negligence and Intent

Intent
• When an educator deliberately does something wrong.
• Example: Sexual abuse of a learner.
Negligence
• When an educator fails to meet the standard of care of a reasonable educator.
• Examples:
o Not supervising learners in your care.
o Not controlling access to dangerous substances.
Important Notes
• Not all infringements are unlawful:
o Example: Disciplining a learner may interfere with rights, but is not automatically unlawful.
Regulations for Safety Measures at Public Schools (2006)
1. Prohibited Items at School Activities
• No educator, parent, learner, or visitor may possess or use:
o Alcohol
o Illegal drugs
o Any illegal substance
o Dangerous objects

2. School’s Safety Responsibilities

Schools must ensure safety during activities by:
• (a) Taking out insurance (if funds allow) → for accidents, injuries, medical costs, hospitalisation,
theft.
• (b) Ensuring learners are always supervised by an educator (where possible).
• (c) Requesting parents/adults to help supervise.
• (d) Keeping supervision ratios:
o Primary schools → 1 adult per 20 learners.
o Secondary schools → 1 adult per 30 learners.
• (e) Considering gender issues (e.g., sleeping arrangements, bathrooms).

Schools cannot ask parents to sign indemnity forms that free the school from legal responsibility.

3. Information Schools Must Provide to Parents (in writing)

Before a school activity, parents must be informed of:
• Purpose of the activity.
• Nature of activities.
• Full itinerary + host + supervising educator contact details.
• Transport, accommodation, and catering arrangements.
• Need for travel documents or inoculation certificates (and where to get them).
• Reminder: travel documents must be ready 7 days before departure.
• Any other relevant details.

4. Post-Activity Reporting
After a school activity, supervising educator must report to principal if:
• An accident occurred.
• A learner/educator/driver was injured.
• Any misconduct happened.
5. Early Release Procedures
• Schools must have a formal early release procedure.
• Written record must include:
o Name + grade of learner.
o Name of person collecting learner.
o Time, date, and purpose of release.

Section 8A of the Schools Act – Random Search, Seizure & Drug Testing
• Learners may not bring dangerous objects or illegal drugs (including alcohol) to school or school
activities.
• Principal/delegate may randomly search:
o Learners.
o Learners’ property.
• Seized items → labelled and handed to police.
• Learners can be subjected to urine drug tests if there is reasonable suspicion.
• Parents must be informed if:
o Dangerous objects/illegal substances are found.
o Drug test results are positive.
1. National Policy on HIV/AIDS for Learners and Educators (1999)
• Grounded in the Constitution (rights to education, dignity, privacy, safety, non-discrimination, etc.).
• No compulsory disclosure of HIV status by learners or educators.
• Educators who voluntarily disclose must be supported and confidentiality maintained.
• Learners and educators with HIV/AIDS:
o Must not be discriminated against.
o Must be allowed to participate fully in education and school life.
• Universal infection-control measures must be applied for everyone, regardless of HIV status.

2. Policy Framework for the Management of Drug Abuse (2002a)

• Developed to address increasing drug abuse in schools.
• Aims to help and support learners who abuse drugs, while also protecting learners and staff who are
affected by others’ drug use.
• Works alongside Regulations for Safety Measures at Public Schools (2006).
• Emphasises prevention, intervention, and creating drug-free learning environments.
3. Regulations to Prohibit Initiation Practices (2002b)
• Defines initiation practices as harmful acts linked to admission, membership, or affiliation to schools,
groups, or teams.
• Such practices:
o Endanger physical/mental health.
o Undermine dignity, equality, and democracy.
o Involve humiliation, violence, harassment, or intimidation.
o Damage property or rights.
• Prohibition: No principal, educator, or learner may allow or participate in initiation.
• Learners have the right to civil action against perpetrators of forced initiation practices.
Purpose of School Discipline
• Discipline must be actively managed, not left to chance.
• The goal is to create a positive school environment where learners:
o Develop self-control.
o Learn respect for others.
o Understand and accept the consequences of their actions.
• Discipline should be educative and corrective, not punitive.

2. Code of Conduct (Section 8 of the Schools Act)

• Every school must have a code of conduct for learners.
• It is developed in consultation with educators, parents, and learners, then adopted by the School
Governing Body (SGB).
• The code must:
o Promote positive discipline and self-discipline.
o Be consistent with the standards of acceptable behaviour in society.
o Include rules, consequences, rewards, and alternatives to harsh punishments.
(Important: Governing bodies cannot discipline state-employed educators; that is the responsibility of the
Department of Education.)

3. Corporal Punishment (Section 10 of the Schools Act)

• Corporal punishment is completely abolished.
• Any person administering it is guilty of an offence and can be charged with assault.
• Discipline must therefore be non-violent and based on corrective strategies.

4. Suspension and Expulsion (Section 9 of the Schools Act)

• These are the most extreme punishments for misconduct.
 • Rules about when and how suspension or expulsion can occur must be included in the school’s code of
conduct.
• Schools are encouraged to use alternative punishments first.

5. Fairness and Learner Rights (Section 33 of the Constitution)

• Disciplinary actions are a form of administrative action, which must be:
o Lawful.
o Reasonable.
o Procedurally fair.
• Learners (and staff) have the right to:
o Be informed of charges.
o Be given written reasons for disciplinary decisions.
o A fair hearing before punishment is imposed.

6. Guidelines for Codes of Conduct (1998b)

• Issued by the Ministry of Education.
• Emphasise positive discipline over punishment.
• Aim to build a culture of reconciliation, teaching, and learning, rather than fear or hostility.
Perfect — thanks for sharing the full extract! Since your exam is soon, let me explain and summarise IQMS +
HRD in schools in a way that’s clear, structured, and easy to memorise

IQMS (Integrated Quality Management System)

Background
• Established in 2003 (ELRC Resolution 8).
• Merged 3 older systems:
o Developmental Appraisal System (DAS) → focuses on teacher development.
o Performance Management System (PMS) → accountability and performance evaluation.
o Whole School Evaluation (WSE) → overall school effectiveness.
• Based on the Employment of Educators Act (1998) → requires performance standards for teachers.

Main Objectives
1. Ensure quality teaching & learning in public schools.
2. Develop teachers through feedback and support.
3. Hold teachers accountable for performance.
4. Promote equity, motivation, and continuous improvement.
 How it Works
• Teachers are assessed against performance standards.
o Post level 1 → 8 standards.
o Post level 2 → 10 standards.
o Post level 3 & 4 → 12 standards.
• Assessment done through:
o Lesson observation (classroom teaching).
o Performance outside classroom (admin, discipline, leadership, development).
• Results → Personal Growth Plans (PGPs) & School Improvement Plans (SIPs).

Role Players
• Principal → initiates IQMS, forms School Development Team (SDT).
• School Management Team (SMT) → ensures accountability and quality.
• Teachers → actively participate, reflect, and develop.

Challenges
• Seen as bureaucratic or “tick-box” exercise.
• Sometimes more about compliance than true development.
• Resistance from unions (SADTU delayed QMS implementation).

Shift to QMS (2014)

• QMS = new system meant to replace IQMS → more focused on accountability, performance
rewards, salary progression.
• BUT SADTU refused to sign → so IQMS is still used.

HRD (Human Resource Development) in Schools

Why HRD is Important

• Initial training = only a foundation.
• Teachers need career-long professional development (CPD).
• Ongoing development ensures quality education.

CPD (Continuing Professional Development)

Managed by SACE (South African Council for Educators).
• 3 types of activities:
1. Teacher-initiated (personal reading, courses).
2. School-initiated (workshops, peer learning).
3. Externally initiated (universities, NGOs, SACE-approved providers).
• Teachers must earn 150 PD points every 3 years → get a certificate.

Factors for Effective HRD

1. Leadership & vision → school leaders must guide teacher development.
2. Ongoing support → not just one-off workshops.
3. Collaboration & networking → teachers learn best by sharing practices.
4. Context-sensitive → training must suit school realities.
5. Respect & safety → teachers must feel valued and unthreatened when learning.

Educator Learning Principles

• Acknowledge teachers’ background & experience.
• Allow voice & participation in development.
• Provide emotional support during curriculum/policy changes.
• Recognise that learning styles differ (personalised PD).

In summary:
• IQMS = evaluation + development + accountability system for teachers.
• QMS was designed to replace it but stalled.
• HRD = ongoing professional growth through CPD, guided by SACE, leadership, and school context.