Alignment of Student Discipline Design and Administration to Constitutional and National Law Imperatives in South Africa
Abstract
Higher Learning Institutions (HEIs) have an important role to play in the promotion of
respect for fundamental human rights and other constitutional imperatives. This article
will demonstrate that the design and administration of student discipline at HEIs
qualifies to be administrative action. As such, the article will identify the constitutional
and other legislative principles which can help student discipline to be aligned to the
requirements of just administrative action, which are lawfulness, procedural fairness and
reasonableness. The article will explore challenges faced by student discipline and
proffer recommendations and suggestions for improved regulation and practice.