Books by Mariette Reyneke
Perspectives in Education, 2021
Thro (2005:1) points out that the Supreme Court of the United
States has recognised that “educati... more Thro (2005:1) points out that the Supreme Court of the United
States has recognised that “education is perhaps the most
important function of state and local governments” because “it is
doubtful that any child may reasonably be expected to succeed in
life if he is denied the opportunity of an education”. He adds that
the Court has stressed “the importance of education in maintaining
our basic institutions …”
Thro’s summary of the American perspective on the importance
of education to a person and a country is echoed in numerous
national Constitutions and international treaties in which education
(and access to education) is treated as a non-negotiable right of
all the inhabitants of a country. Section 29(1)(a) of South Africa’s
Constitution of 1996 provides that everyone (including children living
with severe disabilities) has a right to a basic education, including
adult basic education, Section 9(3 and 4) provide that neither the
state nor any person may discriminate unfairly against anyone on
the grounds of disability while Section 28(2) states unequivocally
that a “child’s best interests are of paramount importance in every
matter concerning the child”.
People in South Africa had every right to expect that the new political
dispensation beginning in 1994 would bring with it the fulfilment
of all learners’ guaranteed educational rights. However, a review
of the literature reveals that South Africa has left children living
with severe disabilities in the lurch and that as many as 600 000
disabled learners may never have been to school (Nappy Run,
2019). According to Yates (2020), South Africa has 1179 public
and independent special needs schools but not all South African
children, including those living with severe mental disabilities, have
access to their fundamental human right to education (Yates, 2020).
This article has its origin into reports that came to the authors’ attention of problems involving learners with severe disabilities following the return of such children to special needs education schools after the relaxation of the COVID-19 lockdown measures. Even when following the Draft (COVID-19) Guidelines for Schools for the Learners with Intellectual Disabilities (DBE, 2020) meticulously, schools were confronted by new challenges for principals, teachers and parents to safeguard these and other learners’ right to education and to prevent large-scale disruptions
of school activities.
As is the case with all actions and decisions taken regarding all learners, the relevant legal rules must be obeyed. Educators and other stakeholders involved need to know these rules. In this article, we will
therefore view the problem from an education law perspective and attempt to provide all stakeholders with knowledge of the pertinent legal rules to enable them to address challenges that might arise in a
legally acceptable manner. We will conclude with a brief reference to possible education management responses to the challenge. Such management initiatives also need to comply with legal prescripts that
are still to be investigated before one can propose these responses confidently in that they comply with
legal requirements.
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Restorative school discipline, the law and practice, 2020
The book on restorative school discipline, the law and practice seek to provide an alternative ap... more The book on restorative school discipline, the law and practice seek to provide an alternative approach to discipline. Restorative discipline is a value-driven approach that respects the human rights of every stakeholder and also protects everyone's human rights. However, to implement this approach, a complete mind shift is required. This mindset requires an understanding that to discipline learners is to teach socially acceptable behaviour. The restorative approach entails moving away from methods that merely focuses on the ill-disciplined learner, and the focus is instead on preventing disciplinary issues. Changing the culture of the school and restoring the harm done to those affected by the misconduct, the restorative approach focuses on finding solutions to address the needs and interests of all the role-players in the school community, rather than punishments. Focusing on the best interests of every learner and the interests of educators is paramount in the restorative approach.
The restorative approach to discipline is explained in detail, including the role of each stakeholder in the implementation of this approach. The social justice implications are highlighted, and the impact of discipline on the neurological functioning and development of the child receives attention. The book provides practical guidance for SGB's, educators, school social workers, practitioners and academics and other stakeholders such as the Department of Basic Education on how to implement the restorative approach to discipline. The constitutional imperatives and the legal framework related to school discipline are also examined.
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Restorative School Discipline The Law and Practice, 2020
The increasing lack of discipline in South African schools and the impact thereof is well known. ... more The increasing lack of discipline in South African schools and the impact thereof is well known. In most instances, existing punitive measures do not yield the required results. Yet, schools continue to scramble to find alternative punishments that will result in a disciplined environment conducive to teaching and learning. Albert Einstein rightly said: "Insanity is doing the same thing over and over again expecting different results." This book seeks to provide an alternative approach to discipline. However, to implement this approach, a complete mind-shift is required. This mind set requires an understanding that to discipline learners is to teach socially acceptable behaviour. The restorative approach entails moving away from an approach that merely focuses on the ill-disciplined learner to an approach that focuses on preventing disciplinary problems, changing the culture of the school and restoring the harm done to those affected by the misconduct. The restorative approach involves focusing on finding solutions to address the needs and interests of all the role-players in the school community, rather than finding suitable punishments. Thus, focusing on the best interests of every learner and the interests of educators. Restorative discipline is a value-driven approach that respects the human rights of every stakeholder and also protects, promotes and fulfils everyone's human rights. The restorative approach to discipline is explained in detail. The role of every stakeholder in the implementation of this approach also receives attention. The social justice implications are
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Papers by Mariette Reyneke
Perspectives in Education, 2020
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Perspectives in Education, 2021
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Southern African Public Law, 2021
Corporal punishment remains a reality in many schools. In MEC for Education, KwaZulu-Natal v Shan... more Corporal punishment remains a reality in many schools. In MEC for Education, KwaZulu-Natal v Shange 2012 (5) SA 313 (SCA), the Supreme Court of Appeal awarded an adult claimant R4 million in damages for suffering due to the corporal punishment he had to endure as a learner at school. The high incidence of corporal punishment and its severe consequences give rise to the question: Could, and should, the fiscus be responsible for the redress of all delictual claims arising from the use of corporal punishment or other unacceptable disciplinary measures? On the one hand, the State is vicariously liable for damages resulting from the actions of educators. On the other, Treasury regulations require accounting officers to recover damages caused by State officials when they fail to comply with standing orders and instructions, such as the prohibition on corporal punishment. This notwithstanding, accounting officers have a discretion to write off monies owed to the State due to deliction by e...
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Africa Education Review, 2019
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Journal for Juridical Science, 2018
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Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad, 2017
Although the contexts of school discipline and child justice differ considerably there are a numb... more Although the contexts of school discipline and child justice differ considerably there are a number of contact points and points that overlap. Since the South African Schools Act 84 of 1996 came into operation in 1996, the Constitutional Court has made several pronouncements on the best-interests-of-the-child concept which are not reflected in the provisions regarding school discipline. The Child Justice Act 75 of 2008 came into operation in 2010. This Act provides valuable guidance on how to deal with transgressing children. It is therefore proposed that the Schools Act should draw on the provisions of the Child Justice Act to refine the Schools Act with regard to serious matters of school discipline and to ensure its proper alignment with the constitutional imperatives regarding the best-interests-of-the-child right.
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Kinders se reg om deel te neem : implikasies vir skool dissipline Die nuwe Kinderwet 38 van 2005 ... more Kinders se reg om deel te neem : implikasies vir skool dissipline Die nuwe Kinderwet 38 van 2005 maak voorsiening vir addisionele regte wat die kind se grondwetlike regte ingevolge die Grondwet van die Republiek van Suid-Afrika, 1996 aanvul. Een van hierdie regte is die kind se reg om deel te neem aan verrigtinge wat hom of haar raak. Die inhoud van hierdie reg word bespreek met verwysing na General Comment No 12 van die Verenigde Nasies se Komitee oor die Regte van die Kind. Verder word daar ook gefokus op Hart en Shier se onderskeie modelle om die vlak van kinders se deelname te meet. In die laaste instansie, word Lundy se model vir die implimentering van artikel 12 van die Konvensie op die Regte van die Kind gebruik om te verseker dat dit behoorlik geimplementeer word. Die model fokus op die volgende vier faktore naamlik die skep van 'n ruimte waarbinne opinies gelug kan word, die geleentheid wat die kind gegee word om opinies te lug, 'n gehoor wat verplig is om te luister na die opinies van die kind, en laastens, die geleentheid om besluite te beinvloed. Hierdie faktore word dan toegepas op, onderskeidelik, die strafgeorienteerde- en herstellende geregtigheidsbenadering tot dissipline. Die gevolgtrekking word gemaak dat die herstellende geregtigheidsbenadering tot dissipline die mees gepaste benadering is om gevolg te gee aan die kind se reg om deel te neem.
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Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad, 2012
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Perspectives in Education, 2017
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Journal for Juridical Science, 2011
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Journal for Juridical Science, 2004
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Polish Journal of Educational Studies, 2018
Bullying is part of the reality of teachers and learners all over the world. While other forms of... more Bullying is part of the reality of teachers and learners all over the world. While other forms of bullying are limited to the time when learners interact face-to-face, cyberbullying follows learners via their electronic devices wherever they go. Bullying negatively affect victims and amongst others result in anxiety, low self-esteem and poor academic performance. In some instances, victims become suicidal. Preventing and counteracting bullying requires interventions on several level, and one possibility is to take a legal response. In this paper, the South African legal response is considered. There are several legislative and common law remedies available to victims, but these are not without challenges. Explicit reference to bullying is made in only one act, namely the Children’s Act but no definition of bullying or cyberbullying is provided. It is clear that while there are sufficient legal remedies available in the South African context, to address bullying and cyberbullying...
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Southern African Public Law, 2021
Corporal punishment remains a reality in many schools. In MEC for Education, KwaZulu-Natal v Shan... more Corporal punishment remains a reality in many schools. In MEC for Education, KwaZulu-Natal v Shange 2012 (5) SA 313 (SCA), the Supreme Court of Appeal awarded an adult claimant R4 million in damages for suffering due to the corporal punishment he had to endure as a learner at school. The high incidence of corporal punishment and its severe consequences give rise to the question: Could, and should, the fiscus be responsible for the redress of all delictual claims arising from the use of corporal punishment or other unacceptable disciplinary measures? On the one hand, the State is vicariously liable for damages resulting from the actions of educators. On the other, Treasury regulations require accounting officers to recover damages caused by State officials when they fail to comply with standing orders and instructions, such as the prohibition on corporal punishment. This notwithstanding, accounting officers have a discretion to write off monies owed to the State due to deliction by employees. To promote accountability, Treasury regulations could be strengthened to ensure more stringent application. Yet, the lack of discipline in schools is often the result of systemic problems, which raises the question whether it is justifiable that individual educators, could be held liable for damages caused by the use of such measures of punishment.
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Social Work/Maatskaplike Werk, 2014
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American Journal of Criminal Justice
ABSTRACT
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South African Criminal Law Journal , 2011
The Mangaung One-Stop Child Justice Centre (from hereon ‘the centre’) is
one of the pioneering o... more The Mangaung One-Stop Child Justice Centre (from hereon ‘the centre’) is
one of the pioneering one-stop centres for child justice in South Africa and
has received international recognition for its work. The centre implemented
the provisions of the new Child Justice Act 75 of 2008 within the parameters
of existing law before the Act came into operation. The centre also piloted
the new preliminary inquiry process before it came into operation. In this
article, the process followed from arrest to diversion or trial as provided for
in the new legislation is described. In addition, the best practices used at
the centre in this process are identified. Although the centre is setting an
excellent example for dealing with children in conflict with the law, a few
challenges exist and a few recommendations are therefore made.
Bookmarks Related papers MentionsView impact
South African Law Journal, 2007
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Uploads
Books by Mariette Reyneke
States has recognised that “education is perhaps the most
important function of state and local governments” because “it is
doubtful that any child may reasonably be expected to succeed in
life if he is denied the opportunity of an education”. He adds that
the Court has stressed “the importance of education in maintaining
our basic institutions …”
Thro’s summary of the American perspective on the importance
of education to a person and a country is echoed in numerous
national Constitutions and international treaties in which education
(and access to education) is treated as a non-negotiable right of
all the inhabitants of a country. Section 29(1)(a) of South Africa’s
Constitution of 1996 provides that everyone (including children living
with severe disabilities) has a right to a basic education, including
adult basic education, Section 9(3 and 4) provide that neither the
state nor any person may discriminate unfairly against anyone on
the grounds of disability while Section 28(2) states unequivocally
that a “child’s best interests are of paramount importance in every
matter concerning the child”.
People in South Africa had every right to expect that the new political
dispensation beginning in 1994 would bring with it the fulfilment
of all learners’ guaranteed educational rights. However, a review
of the literature reveals that South Africa has left children living
with severe disabilities in the lurch and that as many as 600 000
disabled learners may never have been to school (Nappy Run,
2019). According to Yates (2020), South Africa has 1179 public
and independent special needs schools but not all South African
children, including those living with severe mental disabilities, have
access to their fundamental human right to education (Yates, 2020).
This article has its origin into reports that came to the authors’ attention of problems involving learners with severe disabilities following the return of such children to special needs education schools after the relaxation of the COVID-19 lockdown measures. Even when following the Draft (COVID-19) Guidelines for Schools for the Learners with Intellectual Disabilities (DBE, 2020) meticulously, schools were confronted by new challenges for principals, teachers and parents to safeguard these and other learners’ right to education and to prevent large-scale disruptions
of school activities.
As is the case with all actions and decisions taken regarding all learners, the relevant legal rules must be obeyed. Educators and other stakeholders involved need to know these rules. In this article, we will
therefore view the problem from an education law perspective and attempt to provide all stakeholders with knowledge of the pertinent legal rules to enable them to address challenges that might arise in a
legally acceptable manner. We will conclude with a brief reference to possible education management responses to the challenge. Such management initiatives also need to comply with legal prescripts that
are still to be investigated before one can propose these responses confidently in that they comply with
legal requirements.
The restorative approach to discipline is explained in detail, including the role of each stakeholder in the implementation of this approach. The social justice implications are highlighted, and the impact of discipline on the neurological functioning and development of the child receives attention. The book provides practical guidance for SGB's, educators, school social workers, practitioners and academics and other stakeholders such as the Department of Basic Education on how to implement the restorative approach to discipline. The constitutional imperatives and the legal framework related to school discipline are also examined.
Papers by Mariette Reyneke
one of the pioneering one-stop centres for child justice in South Africa and
has received international recognition for its work. The centre implemented
the provisions of the new Child Justice Act 75 of 2008 within the parameters
of existing law before the Act came into operation. The centre also piloted
the new preliminary inquiry process before it came into operation. In this
article, the process followed from arrest to diversion or trial as provided for
in the new legislation is described. In addition, the best practices used at
the centre in this process are identified. Although the centre is setting an
excellent example for dealing with children in conflict with the law, a few
challenges exist and a few recommendations are therefore made.
States has recognised that “education is perhaps the most
important function of state and local governments” because “it is
doubtful that any child may reasonably be expected to succeed in
life if he is denied the opportunity of an education”. He adds that
the Court has stressed “the importance of education in maintaining
our basic institutions …”
Thro’s summary of the American perspective on the importance
of education to a person and a country is echoed in numerous
national Constitutions and international treaties in which education
(and access to education) is treated as a non-negotiable right of
all the inhabitants of a country. Section 29(1)(a) of South Africa’s
Constitution of 1996 provides that everyone (including children living
with severe disabilities) has a right to a basic education, including
adult basic education, Section 9(3 and 4) provide that neither the
state nor any person may discriminate unfairly against anyone on
the grounds of disability while Section 28(2) states unequivocally
that a “child’s best interests are of paramount importance in every
matter concerning the child”.
People in South Africa had every right to expect that the new political
dispensation beginning in 1994 would bring with it the fulfilment
of all learners’ guaranteed educational rights. However, a review
of the literature reveals that South Africa has left children living
with severe disabilities in the lurch and that as many as 600 000
disabled learners may never have been to school (Nappy Run,
2019). According to Yates (2020), South Africa has 1179 public
and independent special needs schools but not all South African
children, including those living with severe mental disabilities, have
access to their fundamental human right to education (Yates, 2020).
This article has its origin into reports that came to the authors’ attention of problems involving learners with severe disabilities following the return of such children to special needs education schools after the relaxation of the COVID-19 lockdown measures. Even when following the Draft (COVID-19) Guidelines for Schools for the Learners with Intellectual Disabilities (DBE, 2020) meticulously, schools were confronted by new challenges for principals, teachers and parents to safeguard these and other learners’ right to education and to prevent large-scale disruptions
of school activities.
As is the case with all actions and decisions taken regarding all learners, the relevant legal rules must be obeyed. Educators and other stakeholders involved need to know these rules. In this article, we will
therefore view the problem from an education law perspective and attempt to provide all stakeholders with knowledge of the pertinent legal rules to enable them to address challenges that might arise in a
legally acceptable manner. We will conclude with a brief reference to possible education management responses to the challenge. Such management initiatives also need to comply with legal prescripts that
are still to be investigated before one can propose these responses confidently in that they comply with
legal requirements.
The restorative approach to discipline is explained in detail, including the role of each stakeholder in the implementation of this approach. The social justice implications are highlighted, and the impact of discipline on the neurological functioning and development of the child receives attention. The book provides practical guidance for SGB's, educators, school social workers, practitioners and academics and other stakeholders such as the Department of Basic Education on how to implement the restorative approach to discipline. The constitutional imperatives and the legal framework related to school discipline are also examined.
one of the pioneering one-stop centres for child justice in South Africa and
has received international recognition for its work. The centre implemented
the provisions of the new Child Justice Act 75 of 2008 within the parameters
of existing law before the Act came into operation. The centre also piloted
the new preliminary inquiry process before it came into operation. In this
article, the process followed from arrest to diversion or trial as provided for
in the new legislation is described. In addition, the best practices used at
the centre in this process are identified. Although the centre is setting an
excellent example for dealing with children in conflict with the law, a few
challenges exist and a few recommendations are therefore made.