Contents

31 October 2011

Articles

• Deliktuele aanspreeklikheid van die afrigter in skolesport - 'n sekuriteitsaangeleentheid / Rossouw, JP & Keet, W
• Liability for the payment of public school fees / Carnelley, M
• Religious and cultural dress as school: a comparative perspective / De Waal, E; Russo, CJ & Mestry, R
• The obligation to provide free basic education in South Africa: an international law perspective / Arendse, L
• The right to dignity and restorative justice in schools / Reyneke, M
• Sexual harassment in the education sector / Smit, D & Du Plessis, V

Editorial

The papers published in this special edition on law and education were written on the initiative of the South African Education Law Association (SAELA).

JP Rossouw of the Faculty of Education Sciences of the North-West University (Potchefstroom Campus) and current chairperson of SAELA and Wilna Keet (attorney of Pratt Luyt & De Lange, Polokwane) investigate the delictual liability of educator-coaches in their combined functions as coaches, organisers of sport events, referees and sport officials in the context of the security of learner participants.

Marita Carnelley of the University of KwaZulu-Natal (Pietermaritzburg Campus) discusses parental liability for the payment of school fees in public schools in terms of the leading jurisprudence of the Supreme Court of Appeal.  Her examination of the legal position covers the applicable legislation and common law norms and principles.

Elda de Waal of the Vaal Triangle Campus of the North-West University (previous chairperson of SAELA), Raj Mestry of the University of Johannesburg and Charles Russo of the University of Dayton, Ohio deal comparatively with school dress codes, contrasting the South African emphasis on religious and cultural rights with the primary concern in the US with freedom of expression.

Lorette Arendse of the University of Pretoria considers the content of the constitutional right to basic education and the legal obligations attached thereto in South Africa against the background of the state's obligations in international law in this regard. Jurisprudence relating to socio-economic rights is employed for the purpose of the analysis and conclusion.

Mariëtte Reyneke of the University of the Free State and vice-chairperson of SAELA writes about the challenges presented by the need for maintaining discipline at school and the right to dignity of those involved. She explores the possibility of employing restorative justice as an alternative disciplinary mechanism.

Denine Smit and Voet du Plessis of the University of the Free State, concerned about the poor management of the effects of sexual harassment in the educational environment point out that, instead of dealing proactively with this endemic problem, the emphasis is on the avoidance of legal responsibility and accountability.