Access to research assistantship opportunities in global north and global south The development o... more Access to research assistantship opportunities in global north and global south The development of postgraduate students as researchers is a key objective in higher education internationally. Research learning spaces such as research courses, research LitNet Akademies Jaargang 14, Nommer 3, 2017, ISSN 1995-5928 619 workshops and research assistantships nurture postgraduate students as the future generation of researchers as they develop theoretical and methodological knowledge. Research assistantships represent a unique educational space for postgraduate students to acquire research knowledge and skills while assisting faculty members with their research studies. Students engaged in research assistantships have the potential to acquire valuable skills as they learn how to conduct research that could ultimately contribute to knowledge creation (Pearson and Brew 2002; Steward 2010). At the same time, researchers are able to mentor dedicated students, enhance their research outputs, an...
Die potensiele remedierende funksie van die reg in die verswakkende openbare skoolsisteem van Sui... more Die potensiele remedierende funksie van die reg in die verswakkende openbare skoolsisteem van Suid-Afrika Hierdie artikel maak daarop aanspraak dat die Suid-Afrikaanse regstelsel sowel die vermoe as die verpligting het om die nodige remedierende funksie te vervul, sodat verdere agteruitgang van die openbare onderwysstelsel gestuit word. Daadwerklike optrede vanuit die regstelsel word in die vooruitsig gestel om openbare amptenare, onderwysvakbondlede en politici wat die reg verontagsaam, te dwing om die heerskappy van die reg en oppergesag van die Grondwet te erken en te respekteer. Die artikel wys daarop dat daar dringende optrede nodig is teen vakbonde soos SADOU, wat volgens alle getuienis die reeds kwesbare onderwysstelsel verder ondermyn. Sowel die aanstigting van gewelddadige optrede tydens langdurige stakingsaksies as die beskerming van lede wat hulle deurlopend skuldig maak aan substandaard-onderrig, moet teengewerk word. Sodanige onprofessionele, onetiese optrede tas die re...
This article explores the need for formal regulations within South African and Canadian higher ed... more This article explores the need for formal regulations within South African and Canadian higher education institutions' (HEIs) research assistantships in which postgraduate students acquire research knowledge and skills under the supervision of project leaders. While the relationship between research assistants and project leaders is similar to those in other workplaces, the educational and developmental aspects of research assistantships create a unique type of employment relationship that often is predicated on informal practices and subjective perceptions rather than on labour law or ethical standards. The absence of formal regulations, such as a code of professional and ethical conduct specific to research assistantships, therefore, may expose research members to unnecessary challenges. The goal of the article is to address the dearth of literature on legal and ethical standards related to the employment of postgraduate student research assistants and to draw attention to the...
Although research assistantships are considered research learning venues in graduate education, t... more Although research assistantships are considered research learning venues in graduate education, there is a scarcity of literature that examines ethical elements attached to the employment of graduate student research assistants or the position of their research supervisors. This article explores the need to implement formal regulations specific to research assistantships in order to increase security and decrease risks for research assistants and research supervisors. Relationships between research assistants and research supervisors have some similarities with regular employment relationships; yet some distinct differences arise due to the educational and developmental nature of research assistantships. The article is written from a dual perspective reflecting the authors' roles (a research supervisor and a research assistant, respectively) and institutional locations (Faculties of Education in South Africa and Canada). The authors draw from existing literature, an analysis of ...
In South Africa the year 2004 marks the 10th anniversary of democracy after the first democratic ... more In South Africa the year 2004 marks the 10th anniversary of democracy after the first democratic general elections in 1994. The new Constitution has caused a still increasing awareness of the importance of human rights. This awareness has a notable effect on education in the country, because rapidly developing legislative provisions force educators, school management teams and governing bodies to adapt their approaches by utilising innovative strategies. The protection of students' fundamental right to an environment, including the sport arena, that is not harmful to their health or well-being, is one of the focus points in this scenario. Besides the inherent enjoyment and potential educational value, sport activities obviously also involve a number of risks. The possibility of injuries may jeopardise students' safety, which may lead to accusations of negligence on the part of the educator who is also a sports coach. The increasing incidence of legal action against coaches i...
Sports law can be regarded as one of the latest developments in law. As applied to the school set... more Sports law can be regarded as one of the latest developments in law. As applied to the school setting, and with special reference to sport coaching, this article deals with the five fundamental elements of the law of delict that influence and inform the execution of the duty of care of the educator-coach. This article pays special attention to the legal aspects related to the security, on the one hand, of the learners as participants, but also the educator-coach in his or her respective roles as coach, organiser of sport events, referee and sport official on the other.
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Sport is an important area of civil society in both South Africa and England, and this article is... more Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby is regulated by the tort of negligence in England and delict in South Africa respectively. Regarding liability, for sport there are very specific factors that need to be taken into account. The article is concerned with, firstly, the broader context of sport as an important social and cultural activity, and secondly the specific sporting context that includes the rules of the game as well as the playing culture, with a focus on rugby at junior level. Through a critical and comparative analysis of how the standards of care in sport have been developed in both jurisdictions, the aim of this article is to consider how sport specific elements can be incorporated into the traditional legal principles. This comparative analysis contextualises the various discussion...
This article takes as its point of departure the notion of juridification in sport and, in partic... more This article takes as its point of departure the notion of juridification in sport and, in particular, the perspective that the term has previously often been used in sport and law literature in a too narrow and limiting sense. Using the work of Ken Foster as a platform, the article examines a more nuanced notion of juridification. It does this by first unpacking two levels of juridification – the more well-known notion of increased legal intervention is considered before moving on to a more sophisticated application of the idea in terms of its impact upon rules and practices in sport. Foster termed this juridification as domestication. The article then applies these ideas in a practical context by examining two applications of the two children’s sports (rugby and cricket) in England and South Africa. The article concludes as to the future developments that are likely to occur. Despite the economic and cultural differences it seems likely that South Africa will continue to follow England, as is the case with the first level of juridification, and that the rules and their enforcement will themselves become more domesticated. It is likely that coaches and educators will find themselves under increased pressure to conform from both a general fear of litigation and a changing internal regulatory regime of sport codes.
Access to research assistantship opportunities in global north and global south The development o... more Access to research assistantship opportunities in global north and global south The development of postgraduate students as researchers is a key objective in higher education internationally. Research learning spaces such as research courses, research LitNet Akademies Jaargang 14, Nommer 3, 2017, ISSN 1995-5928 619 workshops and research assistantships nurture postgraduate students as the future generation of researchers as they develop theoretical and methodological knowledge. Research assistantships represent a unique educational space for postgraduate students to acquire research knowledge and skills while assisting faculty members with their research studies. Students engaged in research assistantships have the potential to acquire valuable skills as they learn how to conduct research that could ultimately contribute to knowledge creation (Pearson and Brew 2002; Steward 2010). At the same time, researchers are able to mentor dedicated students, enhance their research outputs, an...
Die potensiele remedierende funksie van die reg in die verswakkende openbare skoolsisteem van Sui... more Die potensiele remedierende funksie van die reg in die verswakkende openbare skoolsisteem van Suid-Afrika Hierdie artikel maak daarop aanspraak dat die Suid-Afrikaanse regstelsel sowel die vermoe as die verpligting het om die nodige remedierende funksie te vervul, sodat verdere agteruitgang van die openbare onderwysstelsel gestuit word. Daadwerklike optrede vanuit die regstelsel word in die vooruitsig gestel om openbare amptenare, onderwysvakbondlede en politici wat die reg verontagsaam, te dwing om die heerskappy van die reg en oppergesag van die Grondwet te erken en te respekteer. Die artikel wys daarop dat daar dringende optrede nodig is teen vakbonde soos SADOU, wat volgens alle getuienis die reeds kwesbare onderwysstelsel verder ondermyn. Sowel die aanstigting van gewelddadige optrede tydens langdurige stakingsaksies as die beskerming van lede wat hulle deurlopend skuldig maak aan substandaard-onderrig, moet teengewerk word. Sodanige onprofessionele, onetiese optrede tas die re...
This article explores the need for formal regulations within South African and Canadian higher ed... more This article explores the need for formal regulations within South African and Canadian higher education institutions' (HEIs) research assistantships in which postgraduate students acquire research knowledge and skills under the supervision of project leaders. While the relationship between research assistants and project leaders is similar to those in other workplaces, the educational and developmental aspects of research assistantships create a unique type of employment relationship that often is predicated on informal practices and subjective perceptions rather than on labour law or ethical standards. The absence of formal regulations, such as a code of professional and ethical conduct specific to research assistantships, therefore, may expose research members to unnecessary challenges. The goal of the article is to address the dearth of literature on legal and ethical standards related to the employment of postgraduate student research assistants and to draw attention to the...
Although research assistantships are considered research learning venues in graduate education, t... more Although research assistantships are considered research learning venues in graduate education, there is a scarcity of literature that examines ethical elements attached to the employment of graduate student research assistants or the position of their research supervisors. This article explores the need to implement formal regulations specific to research assistantships in order to increase security and decrease risks for research assistants and research supervisors. Relationships between research assistants and research supervisors have some similarities with regular employment relationships; yet some distinct differences arise due to the educational and developmental nature of research assistantships. The article is written from a dual perspective reflecting the authors' roles (a research supervisor and a research assistant, respectively) and institutional locations (Faculties of Education in South Africa and Canada). The authors draw from existing literature, an analysis of ...
In South Africa the year 2004 marks the 10th anniversary of democracy after the first democratic ... more In South Africa the year 2004 marks the 10th anniversary of democracy after the first democratic general elections in 1994. The new Constitution has caused a still increasing awareness of the importance of human rights. This awareness has a notable effect on education in the country, because rapidly developing legislative provisions force educators, school management teams and governing bodies to adapt their approaches by utilising innovative strategies. The protection of students' fundamental right to an environment, including the sport arena, that is not harmful to their health or well-being, is one of the focus points in this scenario. Besides the inherent enjoyment and potential educational value, sport activities obviously also involve a number of risks. The possibility of injuries may jeopardise students' safety, which may lead to accusations of negligence on the part of the educator who is also a sports coach. The increasing incidence of legal action against coaches i...
Sports law can be regarded as one of the latest developments in law. As applied to the school set... more Sports law can be regarded as one of the latest developments in law. As applied to the school setting, and with special reference to sport coaching, this article deals with the five fundamental elements of the law of delict that influence and inform the execution of the duty of care of the educator-coach. This article pays special attention to the legal aspects related to the security, on the one hand, of the learners as participants, but also the educator-coach in his or her respective roles as coach, organiser of sport events, referee and sport official on the other.
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Sport is an important area of civil society in both South Africa and England, and this article is... more Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby is regulated by the tort of negligence in England and delict in South Africa respectively. Regarding liability, for sport there are very specific factors that need to be taken into account. The article is concerned with, firstly, the broader context of sport as an important social and cultural activity, and secondly the specific sporting context that includes the rules of the game as well as the playing culture, with a focus on rugby at junior level. Through a critical and comparative analysis of how the standards of care in sport have been developed in both jurisdictions, the aim of this article is to consider how sport specific elements can be incorporated into the traditional legal principles. This comparative analysis contextualises the various discussion...
This article takes as its point of departure the notion of juridification in sport and, in partic... more This article takes as its point of departure the notion of juridification in sport and, in particular, the perspective that the term has previously often been used in sport and law literature in a too narrow and limiting sense. Using the work of Ken Foster as a platform, the article examines a more nuanced notion of juridification. It does this by first unpacking two levels of juridification – the more well-known notion of increased legal intervention is considered before moving on to a more sophisticated application of the idea in terms of its impact upon rules and practices in sport. Foster termed this juridification as domestication. The article then applies these ideas in a practical context by examining two applications of the two children’s sports (rugby and cricket) in England and South Africa. The article concludes as to the future developments that are likely to occur. Despite the economic and cultural differences it seems likely that South Africa will continue to follow England, as is the case with the first level of juridification, and that the rules and their enforcement will themselves become more domesticated. It is likely that coaches and educators will find themselves under increased pressure to conform from both a general fear of litigation and a changing internal regulatory regime of sport codes.
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