EDA3058
Assignment 02 Unique No.: 848837
Question 1
The lawfulness of the applicant (educator) using corporal punishment in the light of the
Constitution, relevant legislation and case law, taken into consideration regarding the provided
case study.
This specific case is a good example of corporal punishment as it includes an instance where a child
was physically assaulted by hand and by an inanimate object by the educator.
South Africa’s national laws have been very clear in expressing the need to protect learners from any
form of mistreatment. The South African Constitution has a wide variety of rights intended to
protect our learners from being subjected to corporal punishment in their various learning
environments by those assigned to educate.
Section 10 gives everyone inherent human dignity and the right to have their dignity protected.
Section 12(1) gives everyone the right to freedom and security of the person, which includes the
following rights:
• To be free from all forms of violence.
• Not to be tortured in any way.
• Not to be treated or punished in a cruel, inhuman or degrading way.
Section 28(1)(d) states that every child has the right to be protected from maltreatment, neglect,
abuse or degradation of any form.
Schedule 2 of the Employment of Educators Act of 1998 (EEA) can be referred to in this specific given
case study presented before the ELRC. It governs the procedure for disciplinary hearings against
educators in a case such as this. The EEA distinguishes between misconduct and serious misconduct,
and attaches different sanctions to each. The EEA states that if the misconduct is also a criminal
offence, separate and different proceedings will occur. It does not make provision for legal
representation in disciplinary hearings; but it allows for the presiding officer to appoint an
intermediary, if the learner is under 18 and will suffer ‘undue stress’ during proceedings. The EEA
further states that educators can also be immediately and permanently dismissed if they fail to
comply with Section 10 of the Schools Act.
Question 2
Slapping a learner will constitute corporal punishment in terms of International Law. Define
“international law”, give an example of international law that prohibits corporal punishment and
explain briefly the role international law plays in the interpretation of the South African Bill of
Rights.
‘International Law’ is defined by the dictionary as “A body of rules established by custom or treaty
and recognized by nations as binding their relations with one another.” Which in laymen’s terms
mean that it is a set of rules that are generally regarded and accepted in relations between nations.
It serves as a framework for the practice of stable and organized international relations.
Assignment 02 Unique No.: 848837
Question 1
The lawfulness of the applicant (educator) using corporal punishment in the light of the
Constitution, relevant legislation and case law, taken into consideration regarding the provided
case study.
This specific case is a good example of corporal punishment as it includes an instance where a child
was physically assaulted by hand and by an inanimate object by the educator.
South Africa’s national laws have been very clear in expressing the need to protect learners from any
form of mistreatment. The South African Constitution has a wide variety of rights intended to
protect our learners from being subjected to corporal punishment in their various learning
environments by those assigned to educate.
Section 10 gives everyone inherent human dignity and the right to have their dignity protected.
Section 12(1) gives everyone the right to freedom and security of the person, which includes the
following rights:
• To be free from all forms of violence.
• Not to be tortured in any way.
• Not to be treated or punished in a cruel, inhuman or degrading way.
Section 28(1)(d) states that every child has the right to be protected from maltreatment, neglect,
abuse or degradation of any form.
Schedule 2 of the Employment of Educators Act of 1998 (EEA) can be referred to in this specific given
case study presented before the ELRC. It governs the procedure for disciplinary hearings against
educators in a case such as this. The EEA distinguishes between misconduct and serious misconduct,
and attaches different sanctions to each. The EEA states that if the misconduct is also a criminal
offence, separate and different proceedings will occur. It does not make provision for legal
representation in disciplinary hearings; but it allows for the presiding officer to appoint an
intermediary, if the learner is under 18 and will suffer ‘undue stress’ during proceedings. The EEA
further states that educators can also be immediately and permanently dismissed if they fail to
comply with Section 10 of the Schools Act.
Question 2
Slapping a learner will constitute corporal punishment in terms of International Law. Define
“international law”, give an example of international law that prohibits corporal punishment and
explain briefly the role international law plays in the interpretation of the South African Bill of
Rights.
‘International Law’ is defined by the dictionary as “A body of rules established by custom or treaty
and recognized by nations as binding their relations with one another.” Which in laymen’s terms
mean that it is a set of rules that are generally regarded and accepted in relations between nations.
It serves as a framework for the practice of stable and organized international relations.
