Onderwysersekuriteitsbelewenis ten opsigte van skoolbeheerliggame se regsplig in plattelandse openbare skole : 'n onderwysregtelike perspektief

Abstract

Public school teachers are increasingly experiencing physical and psychological insecurity due to school governing bodies’ ineffective performance of their legal obligations, despite the existing laws that are intended to protect teacher security. Legal determinants that protect teachers’ physical and psychological security, such as the Constitution of the Republic of South Africa of 1996, general and education legislation were highlighted and discussed. The Constitution, specifically the Bill of Rights, provides a statutory basis for security in terms of human dignity, equality, freedom of security of the person, just administrative action, freedom of expression, freedom of association, and the right to fair labour relations, amongst others. School governing bodies must comply with these rights in the performance of their duties. General legislation, for example the Labour Relations Act (Act 66 of 1995) and the Basic Conditions of Employment Act (Act 75 of 1997), and education legislation, for example the South African Schools Act (Act 84 of 1996), the Employment of Educators Act (Act 76 van 1998) and policies, also regulate teachers’ physical and psychological security in terms of the school governing body’s legal obligation. The school governing body’s legal obligation in terms of teacher security was also discussed with specific reference to their functions and responsibilities, and to what degree the conducting of their duties (or not) influence teacher security. A qualitative phenomenological study was conducted and data was collected through semistructured interviews and a focus group interview. Interviews were recorded with a sound recorder and were transcribed. The data analysis was conducted using the ATLAS.ti software program. The findings clearly indicate that participating teachers in the John Taole Gaetsewe District in the Northern Cape Province experienced physical and psychological insecurity regardless of the protection offered by the Constitution, general legislation and education legislation. The school governing body’s lack of knowledge and misunderstanding of their legal duties and legislation causes learner-misbehaviour, parent intimidation, an over-emphasis of children’s rights, ineffective codes of conduct, non-protection of the school environment and wrongful employments. These effects hence threaten teacher security in the John Taole Gaetsewe District.