11 articles in this issue
Marius Smit
2015 Volume 18 Number 6 Special Edition21 December 2015EditorialAt a juncture in time when two decades have passed since the establishment of a constitutional democracy in South Africa and almost twenty years since the commencement of the South African Sc... see more
Johan Beckmann
This article deals with the debate in education and law circles about the convergence of the two fields of knowledge in an area conveniently called education law. It recognises that there is no universal acknowledgement of the existence of such a discipli... see more
Stuart Woolman
The recognition of pluralism constitutes a golden thread that runs through the Constitutional Court’s entire oeuvre of work. This ‘right to be different’ finds its initial footing in Gauteng Education Bill, Prince, and Bhe. Pluralism then inserts itself i... see more
Susan Coetzee
The law recognises that non-contact sexual offences can cause harm and several offences were created to regulate non-contact sexual child abuse offences. Several of these offences deal with the exposure or causing exposure of children to child pornography... see more
As forums, School Governing Bodies have the makings of a great and unique South African democratic tradition as they reflect local deliberations, participative decision-making by stakeholders in education. The main contention of this article is that... see more
Steve Greenfield, AJ Karstens, Guy Osborn, JP Rossouw
Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby is regulated by the tort o... see more
Michael Laubscher, Willie (J) van Vollenhoven
In this theoretical article, we explore the tangled messiness of the application of human rights versus the 21st-century monster called "cyberbullying" in schools and focus on some of the challenges schools face daily. The research will reveal that cyberb... see more
Erika (EM) Serfontein
This article aims at exploring the nexus between the fundamental rights to life and to a basic education within the ambit of the legal framework created by both the Constitution of the Republic of South Africa, 1996 and the South African Schools Act 84 of... see more
Willem Johannes Van Vollenhoven
This paper explores student-teachers' understanding of the right to freedom of expression in education. Analyses of case law and legal principles affirm that the right to freedom of expression is an essential prerequisite to protect and promote democracy.... see more
Elda De Waal, Erika Serfontein
Bearing in mind the previous Gauteng Education MEC’s recent indication that “discipline starts at home”, our article focuses on what South African law has contributed during the past 20 years to prompt parents participate accountably with partners in... see more
Anthony Smith, Johan Beckmann, Sharon Mampane
After the abolition of corporal punishment at schools, teachers have been faced with an increase in unacceptable learner behaviour and threatening situations in their classrooms. An urgent need arose to address learner discipline in innovative ways. ... see more