,Brief History of the role of Law in Education
> South African Law is guided by the Constitution of the RSA, 1996
o Commits everyone of establishment of society based on “democratic values,
social justice and fundamental human rights”.
o Constitutional supremacy (highest rank of authority)
o Founding principles
▪ Human dignity
▪ Equality
▪ Advancement of Human rights
(HR)
▪ Freedom (no racism/sexism
▪ Rule of law
o Constitutional court has power to test the
constitutional validity (truth) of all actions of
government, all acts, conduct of authorities, individuals.
o Democracy
▪ Openness, responsiveness, and accountability (mature human
relation traits)
> Indigenous law
o African customary law, affecting indigenous people.
> Roman-Dutch law
o Common law
> English law
o Common worldwide
> Purpose
o Provide order and regulate behaviour.
o Regulates rights and obligations.
o Creates harmonious patterns of cooperation.
o Provides framework for role of teachers.
o Educator authority and workable structure
Constitution as the Supreme law of SA
> Determines the government structures and powers and how these
powers should be exercised.
> In a democratic state, the constitution guarantees the human rights of
its people.
> Controls governmental power by providing 3 arms of government.
o Legislature
o Executive
o Judiciary
> Everyone (including teachers) is protected by the constitution (but
comes with obligations to protect and promote the Bill of Rights-
you are in a position of authority over learners in your class)
,Understanding the structure of government
1. Legislature
• Parliament. Makes law by passing legislation.
2. Executive
• President and cabinet ministers govern country according to law.
3. Judiciary
• All the courts in SA. Resolves disputes by determining what the law says.
Human rights in the classroom
> What are the constitutional principles in establishing a democratic, non-
discriminatory, and equal education?
Human Freedom of
Equality
dignity choice
> What are the constitutional rights of learners and educators and how should these
rights be protected in the classroom?
Just
Human rights Education Human dignity administrative
action
> What are the constitutional obligations of educators, parents, and learners?
Parents: must allow Learners: Must
Duty to
children to attend attend school and
care/educate.
school cannot disrupt class
> How do we protect the human rights of learners in the classroom?
Create a Act with
Apply Human
disciplined dignity and
rights in class.
classroom. respect
, Our obligations in the school in terms of the
Constitution
> Section 7 of the Constitution: respect, protect, promote, and fulfil the rights in the
Bill of Rights
> Respect
o Do not deny/obstruct the right to education or unfairly discriminate.
> Protect
o Protect individuals from interference by 3rd parties.
> Promote
o Inform people of their right to education
> Fulfil
o To advance, execute, teach, and assess in an equitable way.
The South African Bill of Rights
> Human rights originated.
o In international documents (UN universal declaration of Human Rights,
International Covenant on Civil and Political Rights, International Covenant on
Economic, Social, and cultural rights)
> Human rights guaranteed.
o Only parliament can change.
> Human rights enforceable
o Must be carried out.
Selected Human rights in Education.
For Exam: Identify 5-
6 types of human
rights and give an
example why this
right is infringed.
> South African Law is guided by the Constitution of the RSA, 1996
o Commits everyone of establishment of society based on “democratic values,
social justice and fundamental human rights”.
o Constitutional supremacy (highest rank of authority)
o Founding principles
▪ Human dignity
▪ Equality
▪ Advancement of Human rights
(HR)
▪ Freedom (no racism/sexism
▪ Rule of law
o Constitutional court has power to test the
constitutional validity (truth) of all actions of
government, all acts, conduct of authorities, individuals.
o Democracy
▪ Openness, responsiveness, and accountability (mature human
relation traits)
> Indigenous law
o African customary law, affecting indigenous people.
> Roman-Dutch law
o Common law
> English law
o Common worldwide
> Purpose
o Provide order and regulate behaviour.
o Regulates rights and obligations.
o Creates harmonious patterns of cooperation.
o Provides framework for role of teachers.
o Educator authority and workable structure
Constitution as the Supreme law of SA
> Determines the government structures and powers and how these
powers should be exercised.
> In a democratic state, the constitution guarantees the human rights of
its people.
> Controls governmental power by providing 3 arms of government.
o Legislature
o Executive
o Judiciary
> Everyone (including teachers) is protected by the constitution (but
comes with obligations to protect and promote the Bill of Rights-
you are in a position of authority over learners in your class)
,Understanding the structure of government
1. Legislature
• Parliament. Makes law by passing legislation.
2. Executive
• President and cabinet ministers govern country according to law.
3. Judiciary
• All the courts in SA. Resolves disputes by determining what the law says.
Human rights in the classroom
> What are the constitutional principles in establishing a democratic, non-
discriminatory, and equal education?
Human Freedom of
Equality
dignity choice
> What are the constitutional rights of learners and educators and how should these
rights be protected in the classroom?
Just
Human rights Education Human dignity administrative
action
> What are the constitutional obligations of educators, parents, and learners?
Parents: must allow Learners: Must
Duty to
children to attend attend school and
care/educate.
school cannot disrupt class
> How do we protect the human rights of learners in the classroom?
Create a Act with
Apply Human
disciplined dignity and
rights in class.
classroom. respect
, Our obligations in the school in terms of the
Constitution
> Section 7 of the Constitution: respect, protect, promote, and fulfil the rights in the
Bill of Rights
> Respect
o Do not deny/obstruct the right to education or unfairly discriminate.
> Protect
o Protect individuals from interference by 3rd parties.
> Promote
o Inform people of their right to education
> Fulfil
o To advance, execute, teach, and assess in an equitable way.
The South African Bill of Rights
> Human rights originated.
o In international documents (UN universal declaration of Human Rights,
International Covenant on Civil and Political Rights, International Covenant on
Economic, Social, and cultural rights)
> Human rights guaranteed.
o Only parliament can change.
> Human rights enforceable
o Must be carried out.
Selected Human rights in Education.
For Exam: Identify 5-
6 types of human
rights and give an
example why this
right is infringed.
