CMG3701
INTRODUCTION TO THE SOUTH AFRICAN EDUCATION LAW
Assignment 02: (Compulsory)
This assignment is compulsory and constitutes 10% of your year mark. Any extension request for
Assignment 2 will only be considered if solid reasons are provided beforehand with related
documentary proof; that is, a doctor’s certificate.
Answer all the questions (questions 1-4)
QUESTION 1:
1.1 How should classroom managers manage sexual misconduct? Give examples of sexual misconduct.
(20) (Coetzee: 271-274)
The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 creates the
following offences relating to sexual intercourse or sexually indecent acts: rape, compelled rape, sexual
assault, compelled sexual assault, statutory rape, and statutory sexual assault, Sexual exploitation of
children, and sexual grooming of children.
The classroom manager’s duty to abused learners
The intergovernmental resource document Signposts for Safe Schools (Department of Safety and
Security and Department of Education 2002: Item 3.4) stipulates that educators need to be able to look
for the signs that a learner is being abused. The document lists the following signs which, together with a
change in the learner’s behaviour, may indicate that the learner is a victim of sexual abuse:
• Unusual knowledge and/or curiosity about sex
• Sexual acting out or masturbation
• Withdrawal or being secretive
• Poor hygiene or compulsive washing
• Poor peer relationships
• Poor school performance
• Sudden unexplained gifts
• Sleep disruptions, nightmares or bed-wetting
• Acting out, being aggressive or being irritable
• Fear of undressing for sports, etc.
• Being fearful of home life, a certain educator or a certain school, or running away
• Clinging behaviour or a constant need for reassurance
• Tearfulness
• Regression
• Suicide attempts
What should you, as the classroom manager, do to verify that the learner is in fact being abused? In
terms of the Signposts for Safe Schools document (Department of Safety and Security and Department of
Education 2002: Item 3.4):
• You should record the learner’s behaviour over a few days or weeks.
• You may conduct an interview with one of the learner’s friends, but must keep this interview confidential.
• You may try to speak to the learner if you have a good relationship with him or her.
What should you do if a learner confides in you about the abuse? In terms of the Signposts for Safe
Schools (Department of Safety and Security and Department of Education 2002: Item 3.4) document:
• You should keep in mind that your first reaction to his or her confession will be crucial in the healing
process.
• You need to tell the learner:
– I believe you.
– I am glad you told me.
– I am sorry this happened to you. You are very brave to tell me.
– It is not your fault.
– I need to speak to other adults in order to help you, but I will keep you informed about everything I am
going to say or do.
Remember that your role is one of reporting the abuse and supporting the learner, and not one of
investigating the case or confronting the alleged perpetrator. You should not examine the learner because
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,it is not your role to ask the learner about physical signs of abuse. Inform the principal, who should, in
consultation with you and a social worker; decide on how to handle the case.
What should you, as a classroom manager, do if a learner enters your classroom and it is evident that he
or she may have been sexually assaulted or raped?
In terms of the Signposts for Safe Schools (Department of Safety and Security and Department of
Education 2002: Item 3.4) document, you should inform the learner as follows:
• He or she must keep all the clothing that he or she was wearing at the time of the sexual assault or rape.
The clothes should be placed in a paper bag or wrapped in a newspaper. They should not be placed in a
plastic bag or container, as this can interfere chemically with the evidence.
• He or she must not wash.
• He or she should not drink anything, wash his or her mouth or take medicine before the doctor examines
him or her. This is especially important if the learner was forced to perform oral sex.
• He or she should be examined as soon as possible. The sooner a doctor examines the learner, the
greater the chance that strong evidence will be found.
• The learner should decide whether to report the case to the police.
However, the Children’s Amendment Act 41 of 2007 and the Sexual Law (Sexual Offences and Related
Matters) Amendment Act 32 of 2007 now make reporting sexual abuse compulsory.
1.2 Explain the basic competences of a beginner teacher. (11) (Study guide CMG 3701 2020:67-68)
They must have sound subject knowledge.
They must know how to teach their subject(s) and how to select, determine the sequence and pace of
content in accordance with both subject and learner needs.
They must know who their learners are and how they learn; they must understand their individual
needs and tailor their teaching accordingly.
They must know how to communicate effectively in general, as well as in relation to their subject(s), in
order to mediate learning.
They must have highly developed literacy, numeracy and Information Technology (IT) skills.
They must be knowledgeable about the school curriculum and be able to unpack its specialised
content, as well as being able to use available resources appropriately, so as to plan and design
suitable learning programmes.
They must understand diversity in the South African context in order to teach in a manner that
includes all learners. They must also be able to identify learning or social problems and work in
partnership with professional service providers to address these.
They must be able to manage classrooms effectively across diverse contexts in order to ensure a
conducive learning environment.
They must be able to assess learners in reliable and varied ways, as well as being able to use the
results of assessment to improve teaching and learning.
They must have a positive work ethic, display appropriate values and conduct themselves in a manner
that befits, enhances and develops the teaching profession.
They must be able to reflect critically on their own practice, in theoretically informed ways and in
conjunction with their professional community of colleagues in order to
Constantly improve and adapt to evolving circumstances.
1.3 What are the functions and powers of the South African Council for Educators (SACE)? (11)
www.http://sace.org.za/assets/documents/uploads/sace_61547-2016-08-31 (page: 285)
1. Regulation and Protection of the Teaching Profession
2. Developing the Profession Role
3. Promoting Teaching as a Profession
4. Informing the Profession
5. Advising the Ministers of Education, Council, and the Profession
6. Promoting Research on Professional Matters
7. Creating Awareness of Professional Matters to the Educators
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,1.4 What are the conditions under which an educator shall be guilty of misconduct? (15) (Coetzee: 284-
286)
Misconduct is defined in Section 18 (as amended by Section 11 of the Education Laws Amendment Act
53 of 2000) as “a breakdown in the employment relationship”. An educator commits misconduct if he or
she
a) Fails to comply with or contravenes this Act or any other statute, regulation or legal obligation relating
to education and the employment relationship
b) Wilfully or negligently mismanages the finances of the state, a school or an adult learning centre
c) Without permission possesses or wrongfully uses the property of the state, a school or an adult
learning centre, another employee or a visitor.
d) Wilfully, intentionally or negligently damages or causes loss to the property of the state, a school or an
adult learning centre
e) In the course of duty endangers the lives of him or her or others by disregarding set safety rules or
regulations
f) Unjustifiably prejudices the administration, discipline or efficiency of the Department of Education, an
office of the state or a school or an adult learning centre
g) Misuses his or her position in the Department of Education or a school or an adult learning centre to
promote or prejudice the interests of any person
h) Accepts any compensation in cash or otherwise from a member of the public or another employee for
performing his or her duties without written approval from the employer
i) Fails to carry out a lawful order or routine instruction without just or reasonable cause
j) Absents himself or herself from work without a valid reason or permission.
QUESTION 2
2.1 Explain the ‘duty of care’ in the classroom in your own words. (5)
Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard
of reasonable care while performing any acts that could foresee ably harms others.
It is an obligation to confirm to a certain standard of conduct for the protection of another against an
unreasonable risk of harm or injury.
If the educator is liable for duty of care he/she must ensure that nothing bad happens to learners.
2.2 Why should an educator as a classroom manager have knowledge of education law and of what use
can such knowledge be to the educator? (10) (Coetzee: 198)
a) Knowledge of education law can help educators make valid and lawful decisions, in other words,
decisions that will not create legal problems for themselves.
b) Educators who know education law will also know about their own rights and obligations, as well as
those of other parties.
c) Educators as classroom managers must be aware of the relevant legal principles and requirements.
d) The particular position of authority which educators occupy has many legal implications, especially
with regard to possible accountability for negligence.
e) Education law describes the authority of the educator and especially of the educational manager.
f) Educators who know the demands of the law will probably make better provision for the safety of
children than those who are ignorant of the law.
g) Education law provides a clear framework of the role of the educator as a professional person.
h) Successful teaching depends on the manner in which legal prescriptions such as educational policy,
rules and regulations are applied. Only educators who know education law will know how to interpret
policy and correctly implement procedures, rules and regulations.
QUESTION 3
Distinguish between the following conflict management styles:( Steyn GM & Van Niekerk EJ (2002:
79) (Study guide CMG 3701 2020:42-43)
3.1 Force (power or dominance). (2)
Using force, authority or power to resolve conflict leads to a forced or imposed solution. Force can include
the use of institutional authority and power, reward and punishment, bribery and even physical force.
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, 3.2 Compromise (negotiation) (2)
A compromise solution means “give and take”. It is usually used where there is a balance of power
between the parties, or when resources have to be shared. With a compromise solution between two
parties it is essential that they understand that they have to compromise. An advantage of a compromise
solution is that no-one really loses. The disadvantage is that both parties end up with less than they had
hoped for.
3.3 Collaboration (shared vision) (2)
This conflict management style involves an attempt to satisfy the concerns of both sides through honest
discussion. Creative approaches to conflict reduction may actually lead to both parties being materially
better off. The focus of this style is on negotiation, trade-offs, and searching for solutions that are
satisfactory or acceptable to both parties. Collaboration is sometimes difficult to achieve but often yields
innovative results. This management style is sometimes equated with the problem-solving approach.
3.4 Avoidance (denial or withdrawal) (2)
Avoidance is any strategy aimed at avoiding major confrontation or conflict. Avoidance techniques do not
actually resolve a situation, but are usually used as a delaying tactic. It may be justified in situations
where a more aggressive approach is likely to have negative results.
3.5 Accommodating (acceptance) (2)
The accommodating style in its simplest form may merely involve giving in to another person’s wishes, for
example, when two groups have compatible goals but do not need to interact in order to reach their goals.
The two groups will have friendly meetings to decide how they will both work towards their respective
goals while expending the least time and energy.
QUESTION 04
Explain the following concepts:
4.1 Negligence (2) (Coetzee: 252)
Negligence is defined as failure to take proper care of something or others, lack of care for the safety
and well-being of others. It may occur as a result of a failure to give attention to someone or failure to
act when there is a duty to act or it may occur as a result of acting in an improper manner.
Negligence may involve carelessness, lack of care, failed to provide proper supervision, permitted
learners to play unsafe games and lack of proper attention.
4.2 Procedural fairness (2) (Coetzee: 252)
In Section 3 of the Act deals with the procedural fairness of administrative actions. In terms of Section
3(2) (b), it is required of the administrator (in this case the classroom manager) that he or she
Must inform the learner in good time of the nature and purpose of the proposed administrative action.
Must give the learner reasonable opportunity to make representations.
Must give the learner a clear statement of the administrative action (in other words, the kind of action
that will be taken)
Must give the learner adequate notice of any right of review or internal appeal (if applicable).
Must give the learner adequate notice of the right to request write reasons in terms of Section 5.
4.3 Audi alteram partem’ (2) (Coetzee: 234)
A person must be given an opportunity to be heard on the matter (i.e. an opportunity to put his or her
case).
Such a person must be informed about the considerations against him or her. For example, a learner
who is accused or suspected of misbehaviour must be informed of the accusations against him or her
and be given an opportunity to defend himself or herself.
4.4 Nemo iudex in sua causa principle (2) (Coetzee: 234)
The nemo iudex in sua causa principle involves the following: The administrative body must be
impartial and free from bias. For example, if a governing body suspends a learner and the learner
lodges an appeal against the decision, the governing body may not hear the appeal. A separate,
independent body (in the case of the suspension of a learner, the HOD) should hear the appeal.
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