Pillay Teachers 2014

TEACHERS’ KNOWLEDGE OF LEGISLATION
AND EDUCATION LAW SPECIFICALLY AND ITS

INFLUENCE ON THEIR PRACTICE
NEELAN PILLAY
FEBRUARY 2014
TEACHERS’ KNOWLEDGE OF LEGISLATION AND EDUCATION LAW
SPECIFICALLY AND ITS INFLUENCE ON THEIR PRACTICE
by
Neelan Pillay
Submitted in partial fulfilment of the requirements for the degree
MAGISTER EDUCATIONIS
(Education Management)
Department of Education Management and Policy Studies

Faculty of Education
University of Pretoria
South Africa
SUPERVISOR
Professor WJ van Vollenhoven
FEBRUARY 2014
Dedication
I dedicate this thesis to my dear wife Maggie,

who believed in me and supported me.
Thank you for all the sacrifices you made
so that I could accomplish this goal.
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Acknowledgements
I would like to express my sincere thanks and appreciation to the following people:
 Prof Willie van Vollenhoven, who supervised my study. Prof van Vollenhoven was
always available, supportive and highly motivating. I consider myself fortunate to
have been guided by his extraordinary knowledge of my research topic. I am
grateful that even while he was promoted to another university, he supported me
until the end of my study.
 To my editors, who edited and proofread my thesis and gave continuous support.
 To the participants, who were willing to complete questionnaires and to be

interviewed.
 To my daughter Robyn and son Justin, who gave me their support, love and
understanding.
 To everyone who contributed to my academic and personal growth in completing

this thesis.
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DECLARATION OF AUTHORSHIP
I, Neelan Pillay, declare that the dissertation titled: Teachers’ knowledge of legislation and
education law specifically and its influence on their practice which I hereby submit is my
own work and has not previously been submitted by me for a degree at this or any other
tertiary institution and that all sources and citations from literature have been
acknowledged in text and referenced in full.
______________________ 18 February 2014

Signed Date
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ABREVIATIONS AND ACRONYMS
ACE Advanced Certificate in Education

BEd(Hons) Bachelor of Education (Honours)
BoR Bill of Rights
CHE Council on Higher Education
DoBE Department of Basic Education
EEA Employment of Educators Act, Act No. 76 of 1998
ELRC Education Labour Relations Council
GEAR Growth, Employment and Redistribution
NCS National Curriculum Statement
NEPA National Education Policy Act, Act No. 27 of 1996
NQF National Qualifications Framework
OBE Outcomes Based Education
PL Post level
RDP Reconstruction and Development Programme
SACE South African Council for Educators
Schools Act South African Schools Act, Act No. 84 of 1996
SGB School Governing Body
SMT School Management Team
TRA Theory of Reasoned Action
UNESCO United Nations Educational Scientific and Cultural Organisation
USDHHS United States Department of Health and Human Sciences
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ABSTRACT
This study argues that education law is of paramount importance in order to be a successful
teacher in our democracy where human rights of all stakeholders are protected and as such
remains the responsibility of government to ensure that all new teachers are trained in the
field of education law.
This dissertation reports to the significance the participants attach to education law and to
their attitudes and their practice in schools. It continues to answer the question whether
knowing the legal rules is in fact changing the game on ground level. There are differing
perspectives on the exact essence of education law; however, there seems to be consensus
in the literature that the fundamental function of education law is to regulate the rights
and obligations of the interested parties in order to make the school conducive for teaching
and learning. The education law functionally contributes to the creation of harmonizing
relationships and ensuring co-operation amongst all stakeholders. Education law therefore
creates a clear framework for the professional role of teachers. The law defines the border
of the playfield and actions at stake in the education sector.
Education law as module in Higher Education programmes deals with issues that pertain
directly to the teaching profession. These include inter alia governance, the Bill of Rights,
instructions/regulations, limitations, application of legal principles and expectations
regarding the teacher as an employee. It deals with legal applications and the legal
balancing of human rights in educational practice. As a result, it is assumed that teachers
may feel somewhat overwhelmed by the content of an education law module and its
associated outcomes. This dissertation will therefore also deal with the ability of teachers
to understand and apply the values that underpin the Constitution of the Republic of South
Africa. Education should lead young citizens towards occupying their place in a democratic
society based on human dignity, equality and freedom. The dissertation argues that
insufficient knowledge of education law is impacting negatively on a culture of human
rights application in our school system which results that the school system is unsuccessful
and do not fulfil its obligations in a democracy. This may result in the DoBE being held
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accountable for not empowering teachers to develop our young citizens to fulfil their place
in our democracy.
In light of the impact of education law, this dissertation is essentially divided into three
sections:
 The first section provides an overview of the issues and challenges of teachers
who have had no formal exposure to education law;
 The second section focuses on the impact on teachers who have studied
education law as part of their teaching qualification, and
 The third section seeks to offer policy recommendations as remedy, inter alia to
include education law as part of all teachers’ training curricula in South Africa.
The legal remedies that this dissertation advocates is that Government should take on their
legal responsibilities towards its employees without turning a blind eye on the value crisis
in our country. Government is accountable to ensure that each teacher is skilled and have
the competencies to apply legal principles and human rights to instil a culture of human
rights that is conducive for teaching in our school system.
KEYWORDS
Perspectives Human rights
Distance education Learners’ rights
Education law Teacher education and training
Equality Teachers rights
Freedom The Constitution
Human dignity
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TABLE OF CONTENTS
Page
Acknowledgements i
Declaration ii
Abbreviations and acronyms iii
Abstract iv
Table of Contents vi
List of tables xvi
List of figures xvi
List of addenda xvii
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Page
CHAPTER 1
Orientation and Background
1.1 INTRODUCTION 1
1.2 DISCUSSION OF THE CONUNDRUM 1
1.3 THE IMPORTANCE OF EDUCATION LAW 2
1.4 RESEARCH QUESTION 6
1.5 AIM AND OBJECTIVES 6
1.6 RESEARCH APPROACH 7

1.6.1 RESEARCH DESIGN 7
1.6.2 ASSUMPTIONS 7
1.7 THEORTICAL FRAMEWORK 8

1.7.1 PERCEPTIONS OF TEACHERS 9
1.7.2 SUPREMACY OF THE CONSTITUTION 9
1.7.3 INTERPRETATION OF THE BILL OF RIGHTS (BOR) 10
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Page
1.7.4 THE FOUNDING PROVISIONS IN THE CONSTITUTION 10
1.8 METHODOLOGICAL ACCOUNT 13
1.8.1 EPISTEMOLOGY 13
1.8.2 INQUIRY STRATEGY 14
1.8.3 SAMPLING 14
1.8.4 DATA COLLECTION INSTRUMENTS 16
1.8.5 LIMITATIONS 16
1.8.6 SIGNIFICANCE OF INQUIRY 17
1.8.7 TRUSTWORTHINESS 17
1.9 REPORT OUTLINE 18
1.10 SUMMARY 19
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Page
CHAPTER 2
The legal determinants for Human Rights implementation at schools: Literature
review
2.1 INTRODUCTION 20
2.2 CLARIFICATION OF CONCEPTS 21

2.2.1 TEACHER EDUCATION 23
2.2.2 EDUCATION LAW 401 (EDL 401) 23
2.2.3 EDUCATION LAW 721 (OWR 721) 23
2.2.4 TEACHERS WHO HAVE NOT STUDIED EDUCATION LAW 23
2.2.5 ATTITUDES AND BELIEFS 24
2.2.6 TEACHER 24
2.2.7 TEACHING PRACTICE 24
2.2.8 POST LEVEL 1 (PL1) 25
2.2.9 POST LEVEL 2 (PL2) 25
2.2.10 POST LEVEL 3 (PL3) 25
2.2.11 POST LEVEL 4 (PL4) 25
2.2.12 THE SOUTH AFRICAN SCHOOLS ACT, ACT 84 OF 1996 26
2.2.13 HUMAN RIGHTS 26
2.3 EDUCATION LAW 27

2.3.1 DEFINING EDUCATION LAW 27
2.3.2 DEVELOPMENT OF SOUTH AFRICAN LAW 29
2.3.2.1 Roman Law 30
2.3.2.2 Roman-Dutch Law 32
2.3.2.3 English Law 33
2.3.2.4 Indigenous Law (Customary Law) 33
2.3.2.5 Apartheid: Law as an instrument of oppression 33
2.3.2.6 Parliamentary Supremacy: pre-1996 34
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Page
2.4 THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA 36

OF 1996 (THE CONSTITUTION)
2.4.1 FOUNDING PROVISIONS OF THE CONSTITUTION (SECTION 1) 36
2.4.2 DEMOCRATIC VALUES 38
2.4.3 SUPREMACY OF THE CONSTITUTION (SECTION 2) 38
2.4.4 THE BILL OF RIGHTS (BOR) (CHAPTER 2 OF THE CONSTITUTION) 39
2.4.4.1 Application (section 8) 40
2.4.4.2 The Limitation of Rights (section 36) 40
2.4.4.3 The Interpretation of the Bill of Rights (section 39) 40
2.5 THE SOUTH AFRICAN SCHOOLS ACT OF 1996 43
2.6 THE IMPORTANCE OF EDUCATION LAW 44
2.7 CONCLUSION 47
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Page
CHAPTER 3
Teacher Education and Training Generates Change
3.1 INTRODUCTION AND OVERVIEW 49
3.2 TEACHER EDUCATION AND TRAINING 50

3.2.1 FIRST PHASE: THE APARTHEID EDUCATION SYSTEM: 1990-1994 50
3.2.2 SECOND PHASE: THE INTRODUCTION OF VARIOUS POLICIES AND STRUCTURES 51
1994-1996
3.2.3 THIRD PHASE: REDRESS OF PAST INEQUALITIES: 1997-1999 53
3.2.4 FOURTH PHASE: FROM POLICY TO IMPLEMENTATION: 2000 AND BEYOND 53
3.3 THE DIETZ MODEL (1998) 54

3.3.1 LEVEL 1: EXPLORATION 55
3.3.2 LEVEL 2: ORGANISATION 55
3.3.3 LEVEL 3: CONNECTIONS 55
3.3.4 LEVEL 4: REFLECTION 55
3.4 SHULMAN’S MODEL OF PEDAGOGICAL REASONING AND ACTION 56
3.5 REFLECTION 56
3.6 TEACHING PRACTICE 58
3.6.1 PRE-1994 58
3.6.2 POST-1994 59
3.7 TEACHERS’ BELIEFS AND ATTITUDES 61

3.7.1 CAN BELIEFS AND ATTITUDES BE CHANGED? 62
3.7.2 HOW ARE BELIEFS AND ATTITUDES CHANGED? 62
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Page
3.8 THE BEHAVIOURAL CHANGE THEORIES 63

3.8.1 LEARNING THEORY 63
3.8.2 SOCIAL COGNITIVE THEORY 64
3.8.3 THEORY OF REASONED ACTION (TRA) 64
3.8.4 TRANSTHEORETICAL MODEL 64
3.9 CONCLUSION 65
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Page
CHAPTER 4
Research Design and Methodology
4.1 INTRODUCTION 66
4.2 RESEARCH QUESTION 67

4.2.1 SUB-QUESTIONS 67
4.3 THE RESEARCH DESIGN 67

4.3.1 EPISTEMOLOGY 67
4.3.2 RESEARCH APPROACH 69
4.3.3 TYPE OF STUDY 70
4.3.4 INQUIRY STRATEGY 71
4.3.5 SAMPLING 71
4.3.6 DATA COLLECTION INSTRUMENTS 75
4.3.7 LIMITATIONS 77
4.3.8 SIGNIFICANCE OF STUDY 78
4.3.9 TRUSTWORTHINESS 79
4.3.10 ETHICAL CONSIDERATIONS 79
4.4 CONCLUSION 80
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Page
CHAPTER 5
Presentation and Interpretation of Data
5.1 INTRODUCTION 81
5.2 DATA ANALYSIS 81
5.3 THE DATA ANALYSING PROCESS 81
5.4 PHASE 1 84
5.4.1 BIOGRAPHICAL DATA 84
5.4.2 THEME: DEMOCRACY HAS CHANGED THE WAY TEACHING TAKES PLACE 86
5.4.3 FAMILY 1: CURRICULUM CHANGE 90
5.4.3.1 Category 1: Learner centred teaching 92
5.4.3.2 Category 2: Outcomes Based Education (OBE) 94
5.4.3.3 Category 3: Change brings challenges 95
5.4.4 FAMILY 2: EDUCATION IS A REGULATED FIELD 97

5.4.4.1 Category 1: Good understanding of education law 98
5.4.4.2 Category 2: Policies that regulate teaching 99
5.4.5 FAMILY 3: RIGHTS: LEARNERS VS TEACHERS 101

5.4.5.1 Category 1: Learners have too many rights 102
5.4.5.2 Category 2: Promoting the rights of learners 104
5.4.6 SUMMARY OF PHASE 1 106
5.5 PHASE 2 107

5.5.1 BIOGRAPHICAL DATA 107
5.5.2 THEME: THE LAW IS A “LAMP UNTO MY FEET AND A LIGHT UNTO MY PATH” 109
5.5.3 FAMILY 1: MORE TRAINING MEANS BETTER DELIVERY 113
5.5.3.1 Category 1: A minefield to navigate 114
5.5.3.2 Category 2: Reasonable understanding of a supreme 115
Constitution
5.5.5.3 Category 3: Knowledge is power 117
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Page
5.5.4 FAMILY 2: A BALANCING ACT 119

5.5.4.1 Category 1: Bitter-sweet relationship 119
5.5.4.2 Category 2: Security in the rights of learners 120
5.5.5 SUMMARY OF PHASE 2 121
5.6 PHASE 3 (A AND B) 121

5.6.1 PHASE 3A – DISCOURSE ANALYSIS (DA) 121
5.6.2 DATA COLLECTED NOT SUITABLE FOR ANALYSIS 122
5.6.3 PHASE 3B – THE GROUP INTERVIEW 123
5.6.3.1 Planning 124
5.6.3.2 The interview 125
5.6.3.3 The data analysis 126
5.6.4 THEME: AN ONGOING JOURNEY 126

5.6.4.1 Family 1: The evolved teacher 129
5.6.4.2 Category 1: Tentative change 129
5.6.4.3 Category 2: The “spine of education” 131
5.6.4.4 Category 3: The challenge of discipline 133
5.6.4.5 Category 4: Core values, conflicting values 136
5.6.5 SUMMARY OF PHASE 3B 136
5.7 CONCLUSION 138
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Page
Chapter 6
Conclusion and Recommendations
6.1 INTRODUCTION 140
6.2 OVERVIEW 140
6.3 TRUSTWORTHINESS 142
6.4 MAIN FINDINGS 142

6.4.1 PHASE 1 – MAIN FINDINGS 143
6.4.1.1 Curriculum change 143
6.4.1.2 Education is a regulated field 144
6.4.1.3 Rights: Learners vs. Teachers 144
6.4.2 PHASE 2 – MAIN FINDINGS 144

6.4.2.1 More training means better delivery 145
6.4.2.2 A balancing act 146
6.4.3 PHASE 3A – MAIN FINDINGS 146

6.4.4 PHASE 3B – GROUP INTERVIEW 146
6.5 IMPLICATIONS OF FINDINGS 147

6.5.1 TEACHERS WITH NO FORMAL EXPOSURE TO EDUCATION LAW (PHASE 1) 147
6.5.1.1 Learner centred teaching 148
6.5.1.2 Curriculum change 149
6.5.1.3 Change brings challenges 149
6.5.1.4 Education is a regulated field 150
6.5.1.5 Learners’ rights versus teachers’ rights 152
6.5.2 THE LAW IS A “LAMP UNTO MY FEET AND A LIGHT UNTO MY PATH” (PHASE 2) 152
6.5.2.1 More training means better delivery 152
6.5.2.2 A balancing act 154
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Page
6.5.3 AN ONGOING JOURNEY (PHASE 3B) 154
6.5.3.1 Tentative change 155
6.5.3.2 The challenge of discipline 155
6.5.3.3 Core and conflicting values 156
6.6 SIGNIFICANCE OF THE STUDY 156
6.7 LIMITATIONS OF THE STUDY 157
6.8 RECOMMENDATIONS 158

6.8.1 THEORETICAL RECOMMENDATIONS 158
6.8.2 RECOMMENDATIONS FOR PRACTICE 159
6.8.3 SUGGESTIONS FOR FUTURE RESEARCH 160
6.9 EPILOGUE 160
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LIST OF REFERENCES 162
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LIST OF TABLES
Page
Table 1.1: Sample from Lions River District 14

Table 1.2: Sample for phase 2 of data collection 15
Table 3.1: Key education policy regulations and legislation 52
Table 4.1: Sample of schools from Lions River District 72

Table 5.1: Biographical data of participants 84

Table 5.2: Theme: Democracy has changed the way teaching takes place 87
Table 5.3: Biographical data 107
Table 5.4: Theme: The law is a “lamp unto my feet and a light unto my path” 109
Table 5.5: Advantages and disadvantages of the Focus Group Interview 122
Table 5.6: Theme: An ongoing journey 126
LIST OF FIGURES
Page
Figure 1.1 Relationship between teachers’ attitude pre-1994 12
Figure 2.1: Scope of Literature Review 22

Figure2.2: Roots of education law 29
Figure 5.1: Data Analysis and Interpretation Process 83

Figure 5.2: Diagrammatical representation of the interpretation of data of phase 1 90
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LIST OF ADDENDA
Addenda
A Permission from the District Office
B Permission from UP to conduct my research
C Permission to make class visit (email to group leader)
D Consent form giving researcher permission to analyse exam scripts –
UP Students
E UP’s permission to analyse examination scripts of their students
F Email asking for experts input into questionnaires
G Transcript of exam scripts
H Ethical code and Guidelines of the Faculty of Education UP
I Permission to undertake research in the identified institutions from
their managers
J Ethics Clearance Certificate
K Excel sheet of data analysis of phase 1 and 2
L Open-ended Questionnaire from phase 1
M Open-ended Questionnaire from phase 2
N Database of students for focus group sample
O List of questions for the focus group interview
P Audio Recording of the focus group interview
Q Transcript of the recording of the focus interview
R Phase 1 – no formal exposure to education law
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CHAPTER 1
Orientation and Background
1.1 INTRODUCTION
Since the introduction of our new democracy and the inclusion of the Bill of Rights (BoR), it
became of vital importance that teachers should know how to protect and promote
learners’ human rights. As our country has changed and evolved into a democratic society,
by ensuring the human rights of all people in the country, so too has our education system
evolved. These changes create a challenge to all stakeholders within the education system.
If one of the core functions of a teacher is to protect and promote the human rights of
his/her learners, then in order to do this successfully, the teacher needs to know education
law as the vehicle to apply human rights successfully in practice.
1.2 DISCUSSION OF THE CONUNDRUM
In the case of State v De Blom (1977 (3) SA.513 (A)), the court held that there is a
reasonable expectation that “a person who involves himself in a particular sphere ought to
keep himself informed of the legal provisions applicable in that sphere.” The court was of
the view that “ignorance of the law is no excuse!” Simply being unaware or claiming
ignorance of the legal provisions and legal expectations of the teaching profession will not
excuse teachers when they fail to uphold the legal requirements of their practice. The
findings of this case challenge all stakeholders within the education arena, particularly
teachers. Teachers cannot plead ignorance of the legal requirements of their profession,
because as trained professionals, it remains their responsibility to keep abreast of any legal
change within their profession. Therefore, knowing and understanding education law
would cultivate a sense of confidence within teachers, as they would become more aware
of the expectations and limitations placed upon. This emancipation should enable the
teacher to protect the rights of all stakeholders.
If the argument set out in the section on the background is indeed valid, then education
law is of paramount importance to teachers. Successful teachers in our new democracy,
where human rights of all stakeholders are to be protected, must be knowledgeable of the
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education law framework within which they should perform. The focus of my inquiry was
the education law modules (EDL 401 and OWR 721). For the purpose of my inquiry I
investigated the Education Law modules in the ACE Education Management and the
BEd(Hons) Education Management Law and Policy programmes offered by the University of
Pretoria via Distance Education (DE). It is important to indicate that these two courses were
used as a tool and that any other course on education law at other Higher Education
Institutions could have been used. The focus of the inquiry was to investigate if teachers’
awareness of legislation and education law specifically influences their practice. The
intention was not to evaluate these modules as such, but rather to understand the change
in practice of teachers as a result of exposure to education law content in these modules.
As a result of South Africa becoming a democracy, education law has become prominent in
South Africa. Thus, more and more teachers are being exposed to the theory of education
law, which leads to my research question of “To what extend does awareness and
knowledge of legislation and education law specifically influences teachers’ practice?”
1.3 THE IMPORTANCE OF EDUCATION LAW
If the argument set out in the conundrum is indeed valid, then education law is of
paramount importance to teachers. Successful teachers in our new democracy, where
human rights of all stakeholders are to be protected, must be knowledgeable of the
education law framework within which they should perform. The focus of my inquiry was
the education law modules (EDL 401 and OWR 721). For the purpose of my inquiry I
investigated the Education Law modules in the ACE Education Management and the
BEd(Hons) Education Management Law and Policy programmes offered by the University of
Pretoria via Distance Education (DE). It is important to indicate that these two courses were
used as a tool and that any other course on education law at other Higher Education
Institutions could have been used. The focus of the inquiry was to investigate if teachers’
awareness of legislation and education law specifically influences their practice. The
intention was not to evaluate these modules as such, but rather to understand the change
in practice of teachers as a result of exposure to education law content in these modules.
As a result of South Africa becoming a democracy, education law has become prominent in
South Africa. Thus, more and more teachers are being exposed to the theory of education
—2—
law, which leads to my research question of “To what extend does awareness and
knowledge of legislation and education law specifically influences teachers’ practice?”
This inquiry is framed by the importance of education law and how awareness of legislation
and education law specifically influence teachers’ practice.
Law by its very nature orders the world we live in, such as rules related to traffic, contracts,
marriages etc. The teacher forms part of various relationships such as relationships with
learners, colleagues, the principal, the Department of Basic Education (DoBE) and the
School Governing Body (Xaba 2011:205). (Oosthuizen & Botha 2009:27) point out that
education law creates order and harmony in these multiple relationships. It helps with the
structures for education administration and management services, while it allocates
functions, tasks, duties and responsibilities. It gives and limits authority while demarcating
the various spheres of authority.
A simplistic yet effective way of understanding the need to know education law would be
the analogy of playing a game. The question is: How does knowledge of rules change the
way the game is played? Every game that children or adults play, be it hop-scotch, marbles,
hockey or rugby, has a set of rules. These rules create harmony in the game as they guide
players as to what they may or may not do. It regulates the relationship between the
players themselves as well as between the players and the game. One can imagine what
chaos it creates when a player enters the game and plays the game with no regard for the
rules. Not playing by the rules creates tension and frustration.
The teaching profession is no different. There is a “game” that teachers are engaged in –
their practice. There are rules that regulate the practice. When teachers are engaged in
their practice, blissfully unaware of the rules of the “game” it creates tension and
frustration! These tensions and frustrations play out in various forms, such as discipline
issues with the learners or staff or conflict between the school and the DoBE, or school
governing body (Joubert 2009:240). Our fundamental duty would be to protect the rights of
learners. Our understanding of education law will compel us to create an environment that
is safe for our learners and create a space that is conducive to learning. Therefore, knowing
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the “rules of our game” would affect the way teachers plan and perform their duties or
“play the game”.
Learners by virtue of their age have a unique status in respect to their ability to foresee
danger or be fully responsible for their action. This unique status requires a different level
of accountability from that of teachers, as stated by Van Vollenhoven:
The position of authority occupied by teachers has many legal implications pertaining to
possible liability for neglect. Teachers work with young, immature individuals who,
because of their lack of experience and judgment, are not always able to foresee the
consequence of their actions. Potentially dangerous situations should therefore receive
the teacher’s undivided consideration. It is clear then, that school rules, official safety
measures and regulations form part of education law (Van Vollenhoven 2008:6).
There appears to be silence on how teachers felt about this topic, particularly how they felt
about its effect on their practice. However, teachers do appear to have a voice in regards to
their experience and attitudes in this matter. If they are key role players in our education
system they are the custodians of the human rights of their learners. It is important to
understand the teachers’ perception of how they see education law impacting on their
practice. The intention of researching teachers’ practice in relationship to education law is
as a result of this apparent gap not being addressed in the existing literature (insert a cross
reference to the section where you have given evidence of this literature review).
The vehicle for my findings was the ACE and BEd(Hons) programmes of the University of
Pretoria and specifically the education law modules (EDL 401 and OWR 721). My point of
departure was the objectives that these modules aim to achieve. In their modules, the
overarching objectives are stated thus:
The focus of this module is to develop your practical skills and competencies to manage
your classroom or school without infringing upon the rights of any stakeholders at the
school. This module will help you because at the end of it you will not only know what the
law expects you to do but also what you can legally expect from all the other stakeholders
at the school. The module will also train you to implement legal principles at school in
order to balance human rights and create a harmonious school climate, conducive to
implementing the requirements of education law! (Van Vollenhoven 2008:vii).
The inquiry guide for the honours module goes on to stipulate the outcomes that should be
achieved:
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 To sensitize the student to the fact that everything that happens in a school is
subject to and governed by a law/regulation, and that this has legal implications for
all parties involved.
 To inform the student of the rules of the game, i.e. have a basic knowledge of the
laws and the legal principles that govern his/her profession.
 To equip students with the necessary skills to apply their knowledge in respect of
legislation and the legal principles concerned in analysing situations, interpreting
information and taking appropriate action (Joubert 2002:9).
In keeping with the above focus, it could be expected that the participant teachers who are
exposed to one of these modules, should undergo change at some degree This change
should be evident in the teacher’s practice.
The education law module (EDL 401) for the Advanced Certificate in Education (ACE), states
its objectives as follows:
1. be able to identify, manage and respond appropriately to contextual challenges
2. understand and appropriately and successfully apply general law in educational
situations
3. distinguish between rights and obligations
4. demonstrate an ability to apply legal principles in practical situations at your school
5. identify legal relationships that affect you and your teaching
6. understand the supremacy of the Constitution and the practical implications for
classroom and school practice
7. understand and apply the reciprocity of rights and duties
8. understand the role that ongoing self-evaluation and research play in developing
competence within the field of education management law and be able to carry out
basic evaluation and research projects
9. be able to reflect critically on your own professional experience
(Van Vollenhoven 2008:vii).
It was interesting to note that both the BEd(Hons) module and the ACE module have very
similar objectives. I need to point out at this stage that the purpose of my inquiry was not
to determine if the selected sample of participants had achieved the above outcomes per
se, or if these participants were indeed successful in passing these modules, but rather to
create a reality from their experiences after they had been exposed to education law
modules in terms of its influence on their practice.
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1.4 RESEARCH QUESTION
To which extent do awareness and knowledge of legislation and education law specifically
influences teachers’ practice?
Sub questions:
 To which extent do awareness and knowledge of legislation and education law
specifically influence practice for teachers who have not been exposed to education
law?
 To which extent do awareness and knowledge of legislation and education law
specifically influence practice for teachers who have been exposed to education
law?
The following subsection explains the methodology chosen for this inquiry. This orientates
the reader in terms of the basic premises, epistemological position, research approach,
data collection strategies and data collection instruments.
1.5 AIM AND OBJECTIVES
The purpose and aim of this inquiry was to provide a qualitative perspective on how the
awareness and knowledge of legislation and education law specifically influences teachers’
practice.
This aim leads to two objectives:

 To investigate the extent that legislation and education law specifically influence
practice for teachers who have not been exposed to education law.
 To investigate the extent that teachers perceive practice change due to exposure
to legislation education law specifically.
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1.6 RESEARCH APPROACH
Though researchers seek truth, it is often not a matter of truth about the way things
actually are, but instead the truth of how people see them. Quite often there is no ‘right’
answer and often we are simply interested in views and attitudes (Williams 2003:54).
Qualitative research provides rich narrative descriptions of the participants’ perspective on

the construction of the reality of their social world. The purpose of qualitative research is to
understand social phenomena of multiple realities from the participants’ perspective (see §
4.3.2).
1.6.1 RESEARCH DESIGN
The research design demonstrates the expectations and methodology of my inquiry in an

attempt to answer the research question (see § 4.3.3) (Marshall & Rossman 2011:21).
1.6.2 ASSUMPTIONS
As both the Advanced Certificate in Education (ACE) and the BEd(Hons) programme were
for practicing teachers who therefore have already obtained an initial teacher training
qualification, and bearing in mind that previously the module, education law, was not part
of the initial teacher training curriculum, one could assume that these teachers are
experienced in their fields of expertise although never exposed to a module in education
law. It is assumed that inquiring education law would indeed have an influence on their
teaching practice.
Teaching in South Africa pre-1994 has had many challenges. The system was driven by the
political logic of the apartheid system which engineered separate forms of education for
different racial and ethnic groupings (Robinson 2003:19). The subsequent duplication and
fragmentation of the teacher education institutions, Robinson argues, have led to the lack
of a smooth seamless system and resulted in many curricula and qualifications. It was
within this context that teachers practiced their craft. James, Ralfe, Van Lauren and Ngcobo
2006:679) agree that under the apartheid government, education was deliberately made
—7—
unequal and access limited. This purposeful inequality within the education system may be
one of the key factors that have influenced teachers’ attitudes towards education law.
Their experience within the apartheid system may also colour the way they see their
profession.
Education Law deals with issues that pertain directly to the teaching profession; these
include, amongst others, the BoR, prescriptions, limitations, application of legal principles
and expectations regarding the teacher as an employee. It deals with legal applications and
the legal balancing of human rights in practice. As a result it can be assumed that teachers
may feel somewhat overwhelmed by the content of education law modules and its
associated expectations. It may also be possible that as a result of the above, teachers may
not be able, or are not willing, to internalize the desired changes that education law seeks
to achieve. It could be that the ideals that are presented in the education law modules are
far removed from their own reality as teachers and therefore that the content of legislation
and education law specifically have no influence on their practice.
1.7 THEORETICAL FRAMEWORK
A useful theory is one that tells an enlightening story about some phenomenon. It is a story
that gives one new insight and broadens one’s understanding of the phenomenon (Anfara
& Mertz 2006:101). McMillan and Schumacher (2001:135) suggest that there must be
certain criteria present for a theory to be useful in developing scientific knowledge. They
argue that a theory should provide a simple explanation, it should be consistent with an
already established body of knowledge, it should be a tentative explanation that could be
verified or reviewed and it should stimulate further research. Merriam (1998:15) adds that
it is difficult to imagine an inquiry without a theoretical or conceptual framework. She
suggests that, “we would not know what to do in conducting our research without some
theoretical framework to guide us.” Jansen (2004:1-2) puts forward that a conceptual
framework is an explanatory device that enables a researcher to make sense of collected
data. While it is relatively easy to collect data, it is a lot more difficult to explain and
interpret it.
—8—
1.7.1 PERCEPTIONS OF TEACHERS
This inquiry focused on the perceptions that teachers have about legislation and education
law specifically and its influence on their teaching practice. Therefore my research was
framed by the EDL 401 and OWR 721 modules themselves, the Constitution in particular
Chapter 2, the BoR and the South African Schools Act, Act No. 84 of 1996 (Schools Act).
1.7.2 SUPREMACY OF THE CONSTITUTION
In the years prior to 1994, the South African Government had apartheid policies and as a
result the rights of the vast majority were not always recognised. This resulted in the
violation of the learners’ human rights which included the learners’ rights to education. The
education system was designed to perpetuate the inequalities of the government of the
day. The types of political environment in which people find themselves tend to influence
their way of understanding human rights. In this regard, the new South African
Government has inculcated into its society the tendency of respect of diversity, basic
freedoms, equality and human dignity (Netshitahame 2008:133).
Investigating any legal aspect in South Africa needs to take place within the framework of
the Constitution. The Constitution is the supreme law in South Africa and all other law is
subordinate to it. “This Constitution is the supreme law of the Republic; law or conduct
inconsistent with it is invalid, and the obligation imposed by it must be fulfilled” (Republic
of South Africa, 1996, section 2).
This requires that all national legislation or provincial legislation in any field, which includes
education, is subject to the Constitution and may not be in conflict with it. It must be noted
that because different people use the law for different reasons or have different
approaches to it, it is expected that there would be many and varied interpretations. It is
crucial for teachers to know the law and it becomes equally crucial for teachers to know
how to interpret the law when applying it in practice. To this end the Constitution even
prescribes how the Constitution should be interpreted. It is within these prescriptive
requirements that my conceptual framework was built.
—9—
1.7.3 INTERPRETATION OF THE BILL OF RIGHTS (BOR)
In regards to the Constitution:

39 (1) When interpreting the BoR, a court, tribunal or forum:
(a) must promote the values that underlie an open and democratic society based
on human dignity, equality and freedom;
(b) must consider international law; and
(c) may consider foreign law
(2) When interpreting any legislation, and when developing the common law or
customary law, every court, tribunal or forum must promote the spirit, purport and
objects of the BoR.
(3) The BoR does not deny the existence of any other rights or
freedoms that are recognised or conferred by common law, customary law or
legislation, to the extent that they are consistent with the Constitution
(Constitution of the Republic of South Africa, 1996, section 1).
.
Interpreting the BoR is crucial when protecting and promoting any of the human rights.
Courts, tribunals or forums, or any place where human rights are promoted or protected,
need to ensure that when they are promoting any of the human rights, they promote the
values of an open and democratic society, ensuring human dignity, equality and freedom.
The implication would be that teachers must be competent in interpreting the BoR when
they protect or promote the rights of their learners.
1.7.4 THE FOUNDING PROVISIONS IN THE CONSTITUTION
Introduce quotation
(1) The Republic of South Africa is one, sovereign, democratic state founded on the
following values:
(a) Human dignity, the achievement of equality and the advancement of human
rights and freedoms.
(b) Non-racialism and non-sexism.
(c) Supremacy of the Constitution and the rule of law.
(d) Universal adult suffrage, a national common voter’s roll, regular elections and
a multi-party system of democratic government, to ensure accountability,
responsiveness and openness (Constitution of the Republic of South
Africa, 1996, section 1).
— 10 —
Section 7 of the Constitution further states that:
(1) This BoR is a cornerstone of democracy in South Africa. It enshrines the rights of all
people in our country and affirms the democratic values of human dignity, equality
and freedom.
Coetzee (2008a:190-191) asserts that the values of human dignity, equality and freedom
(section 7) are values which underpin all democracies. Our education system has the
responsibility of developing learners who will later mature into young adults and who
understand and subscribe to the values that underpin our democracy. The Constitution
(section 1) sets out the spirit and underlying values of the Constitutional system that should
be incorporated in education law and policy (Potgieter, Visser, Van der Bank, Mothata &
Squelch 1997:5-6). It requires that education be transformed and democratised in
accordance with these values. The most important of these values for the classroom
manager and stakeholders are: human dignity, the achievement of equality, the
advancement of human rights and freedoms, non-racialism and non-sexism. These values
establish the context within which fundamental rights function and also determine the
nature of their limitation. This means that the court will take these values into
consideration when it has to determine whether a limitation of a right was reasonable and
justifiable in terms of section 36 of the Constitution. Some of these values (e.g. human
dignity (section 10) and equality (section 9)) are also recognised as individual rights and are
enshrined in the BoR (Bray 2004:40). The values that are enshrined in the Constitution
become the yardstick for all stakeholders in education to use. There is now a legal
responsibility by all who are involved in education to ensure that these values are not only
upheld, but also advanced. With this legal responsibility, teachers can be held to account,
to ensure these values are being upheld or promoted, as values and rights go hand in glove.
A visual representation of the conceptual framework follows, showing the relationship

between human rights, national education legislation and a teacher’s attitude towards
education law and subsequently his/her attitude towards his/her teaching situation
(adapted from Joubert & Prinsloo 2001:28).
Figure 1.1 depicts the journey a teacher would have taken in evolving to a teacher who
teaches in a highly regulated field of education. In this diagrammatical representation, the
— 11 —
arrow indicates a path of a teacher from the apartheid era (depicted by the black) on a
journey through his/her career and being influenced by the Constitution, national and
provincial legislation and finally by the education law modules. The departure point is the
apartheid era, as teachers, both in their teaching situation and life experiences were
influenced by this setting. The teacher’s journey takes a different route after the birth of
democracy. This new democracy also influences both his/her teaching situation and his/her
experiences. Upon coming across EDL 401 and/or OWR 721 the teacher examines his/her
experience and teaching situation. This journey takes him/her to the point of assessing
his/her practice – understanding how his/her knowledge of the law would affect his/her
practice. The attitude of teachers towards education law was therefore measured against
their understanding of the supremacy of the Constitution, their interpretation of the BoR
and their understanding of the role and function of the founding provisions or values of the
Constitution in schools.
APARTHEID ERA
The Constitution of the Republic of South Africa 1996

Chapter 2: Bill of Rights
Section 1 Section 28
Values Children
NATIONAL EDUCATION
Section 7 LEGISLATION Section 29
Democratic Values Education
Equality EDUCATION LAW MODULE Just Administrative
Action
Section 10
Human Dignity Section 36
Limitations of Rights
Section 15 TEACHER’S
Freedom of Religion, ATTITUDE Section 39
Belief and Opinion TOWARDS Interpretation
EDUCATION
Section 16 Freedom of LAW Section 24
Expression Environment
Freedom of Trade, Privacy
Occupation and
Profession Section 32
South African Schools Act,
Access to Information
Section 23
South African
Act 84 ofSchools
1996 Act,
Labour relations Act 84
Employment ofof 1996 Act,
Educators
Employment of1998
Act 76 of Educators
Act,
Act 76 of 1998
— 12 —
Figure 1.1: Relationship between teachers’ attitude and their practice (adapted from
Joubert & Prinsloo 2001:28)
Figure 1.1 is a visual representation of the theoretical framework illustrating the

relationship between teachers’ attitude towards education law and other legislation from
pre-1994 (apartheid era) to post-1994 (democracy) (adapted from Joubert & Prinsloo
2001:28).
1.8 METHODOLOGICAL ACCOUNT
My inquiry was designed as a case study. A case study is a research strategy which focuses
on understanding the dynamics present within a single settings (Huberman & Miles
2002:57). Merriam (1998:28) describes a case study as “an intensive, holistic description
and analysis of a single entity, phenomenon or social unit.” Yin (1994:27) adds that a case
study investigates a contemporary phenomenon within its real-life context, especially when
the boundaries and contexts are not clearly defined (Simons 2009:83). This type of research
allowed me to combine collection data methods, such as questionnaires and document
analysis, which ultimately enabled me to provide a description in order to understand the
dynamics at play with respect to the influence on practice by knowledge and awareness of
legislation and education law specifically.
1.8.1 EPISTEMOLOGY
I worked in the post-modern interpretivistic paradigm (see § 6.3) and therefore I do not
claim to search for “the” truth. My truth would be my subjective interpretation of the way
the participants interpret the phenomenon of my research (see § 4.3.1).
— 13 —
1.8.2 INQUIRY STRATEGY
My strategy was inductive. Data was collected using questionnaires with open-ended
questions in phase 1 and phase 2. Phase 3a was the analysis of examination scripts, which
was unsuccessful, leading to the group interview in phase 3b.
1.8.3 SAMPLING
Patton (1990:63) argues that it is important to select information-rich cases, so that one
can learn a great deal about issues of central importance to the purpose of the research,
thus the term purposeful sampling. Therefore a combination of purposeful and convenient
sampling was used.. This type of sampling is perfect for this type of research because it
allows the researcher to generate a rich and thick description, understanding the variations
that existed as well as seeing the significant common patterns within the variations
(Merriam 2002:183). Cohen, Manion and Morrison (2005:103) highlight that purposive
sampling is where the researcher hand-picks the cases to be included in the sample on the
basis of his/her judgment of their typicality. In that way the researcher builds a sample that
is satisfactory to needs. The convenient sampling approach will be discussed in the
paragraph below.
My sampling took place at various levels:
(a) Phase 1: Determining the knowledge of teachers on legislation and education

law specifically, who have not studied education law and its influence on their
teaching practice
Convenience sampling was used for this phase of data collection. Cohen, Manion and
Morrison (2005:102) suggest that convenient sampling involves choosing the nearest
individuals to serve as participants. The researcher simply chooses the sample from those
to whom he/she has easy access. They go on to clarify that because the participants did not
represent any group apart from itself, it did not seek to make generalizations from its
findings.
— 14 —
The target population (table 1.1. below) was teachers of schools from the Lions River
District in Pietermaritzburg. This sample included high school and primary school PL1, PL2,
PL3 and PL4 teachers. The table below shows the distribution of the sample. There are two
primary schools and two high schools in this district.
Table 1.1: Sample from Lions River District
Name of school No. of teachers PL1 PL2 PL3 PL4

S1: A Primary school 5 2 1 1 1
S3: A High School 5 2 1 1 1
Total no. of teachers 20 8 4 4 4
(b) Phase 2: Determining the knowledge of teachers on legislation and education

law specifically, who have studied education law and its influence on their
teaching practice
My sample included teachers who have enrolled for the ACE Education Management as
well as the BEd(Hons) Education Management, Law and Policy as offered by the University
of Pretoria. I included all teachers enrolled for education law at UP from the Durban area
that attended the July contact session. I conducted a questionnaire with students who had
completed these modules. Table 1.2 depicts the sample used for the data collection in
phase 2.
Table 1.2: Sample for phase 2 of data collection
Enrolled students at the July

No. of students PL1 PL2 PL3 PL4
contact session
ACE – EDL 401 10 7 1 1 1
BEd(Hons) OWR 721 10 7 1 1 1
TOTAL 20 14 2 2 2
— 15 —
While table 1.3 illustrates the sample used for phase 3 of the data collection process.
Document analysis – same

20 14 2 2 2
students as above
(c) Phase 3: Document analysis
I intended analysing the answers to one of the questions from the October examination of
EDL 401 and OWR 721 students. However, the data collected was not sufficiently rich.
These were the same 20 participants from the July contact session who completed the
questionnaires in phase 2. This helped me determine if there was some relationship
between their answers in the questionnaire and their practical implementation in a
scenario in the examination.
1.8.4 DATA COLLECTION INSTRUMENTS
Data was collecting in three phases using questionnaires with open-ended questions and
group interviews (see § 4.3.4).
1.8.5 LIMITATIONS
One of the characteristics of a qualitative interpretivist research design is that the

researcher is the primary instrument for data collection and data analysis. The human
instrument has shortcomings and biases or “subjectivities” (Merriam 2002:201). This
limitation is acknowledged, and as a researcher, I approached my research with my own
biases (see § 4.3.7). To reduce the impact of this shortcoming, the rationale and aim of the
inquiry guided me and helped keep me on course. During the data collection process,
problems were encountered. In phase 3a, the data collected was not sufficiently rich and I
had to abandon the data collected via document analysis in search of new data. It was then
that I decided to use a group interview as a data collection instrument, however, there
— 16 —
were challenges in finding a sample and I only has two teachers present at the interview. I
decided to go ahead anyway.
1.8.6 Significance of inquiry
The findings of this inquiry could affect the future of education law in the initial and further
training of teachers in our country. The results suggest that the studying of education law
made a significant difference in the way teachers perceived their roles within the education
system. It also informs curriculum planners and developers of the importance of Education
Law as a module in initial teacher training and further training programmes.
This inquiry improved my research skills and my understanding of the research process.
“How you study the world determines what you learn about the world” (Patton 1990:67).
Further, this inquiry developed a hypothesis for further exploration via quantitative study
on the matter of the place of education law in initial teacher training.
1.8.7 TRUSTWORTHINESS
Bickman and Rog (1997:369) raise the question of trustworthiness and that researchers
must consider what the plausible alternative explanations are, as well as threats to the
validity/trustworthiness of the potential conclusions of their inquiry, and how these would
be dealt with. It had to do with proving to the reader the authenticity of my results.
Bickman and Rog (1997:372) go on to say that triangulation enhances validity and
compensates for the fallibility of any single method or measure in applied research.
Triangulation was done between the different sets of data in the different phases. The
analysis of the exam script would further add to the validity of my findings as one would be
able to determine if the students’ way of answering scenarios correlated with their
attitudes.
My position was one of an inductive approach, that knowledge is generated through the
experiences of the participants. I anticipated that their realities and attitudes would be
different, and I aimed to understand and interpret their realities.
— 17 —
1.9 REPORT OUTLINE
CHAPTER 1: Orientation and background

Chapter one introduces the inquiry. It also provides background to the inquiry as well as a
discussion on the research conundrum. From the indicated research problem followed the
research question and sub-questions that guided this inquiry.
CHAPTER 2: The legal determinants for human rights implementation – a literature review
This chapter looks at local and international literature on education law and the influence it
has on the teaching profession. It aims to define key concepts and identify gaps in
literature. It seeks to analyse what has already been covered as it provides a platform for
the rest of my inquiry.
CHAPTER 3: The role of education law in teacher education and training – a literature
review
This chapter looks at teacher education and training in the apartheid era as well as post
apartheid era and the effect of education law.
CHAPTER 4: Research design and methodology

This chapter provides a description of the research process, design and methodology. I also
justify my methodological choices. It explains the process chosen to collect, generate and
analyse data in response to the research and guiding questions.
CHAPTER 5: Presentation and interpretation of data

This chapter presents the research data gathered. It then proceeds by analysing the data, in
order to crystallize my findings.
CHAPTER 6: Conclusion and Suggestions

This chapter aims to discuss the findings in broad themes. It also draws conclusions and
notes the significance and implications of the inquiry and makes theoretical
recommendations as well as recommendations for practice.
— 18 —
1.10 SUMMARY
In this chapter I looked at the research conundrum, aim and assumptions that underpinned
my inquiry. I closely examined the conceptual framework and formulated the research
question and sub-questions which would guide my inquiry. The research approach and
design was established along with the methodology (Leedy & Ormrod 2010: 54). I attended
to the sampling as well as the data collection instruments.
In the next chapter I will discuss my literature review of the legal determinants for human
rights implementation in school. I will provide clarification of the various concepts covered
in the inquiry as well as to look at education law and its roots. These roots include Roman
law, Roman-Dutch Law, English Law and Indigenous Law. The Constitution will be looked at
closely, focusing on both the values which underpin it, as well as the BoR. The Schools Act
will be examined as this legislation speaks directly to schools and all its stakeholders.
Finally, I will explore the importance of education law. I make use of a mind map to help
situate my research and provide boundaries to the field of study.
---oOo---
— 19 —
CHAPTER 2
The legal determinants for Human Rights
implementation in schools: Literature review
2.1 INTRODUCTION
In this chapter I will conduct a literature review of the legal determinants of human rights
implementation at schools. The purpose of a literature review is to tell a story and help to
advance our understanding of what is already known (Jesson & Lacey 2006:139). In so
doing I hope to be able to identify the gaps in the literature reviewed, in order to frame my
research.
It can be argued that the understanding of the legal frameworks that govern school practice
begins with the teachers’ understanding of the BoR and the Schools Act. Since 1994, the
South African government made many changes in the form of education policies and
legislation intended to democratize education and school practice. The most significant of
these changes are catered for in the Constitution and in the Schools Act.
It must be noted that education and training received by teachers is largely focussed on
teaching and learning. Little or no attention is given to legislation that affects their practice.
Teachers are expected to have a working knowledge of relevant legislation so that they can
understand the legal processes and principles and determine the legality of their decisions.
The concept of education law is novel to many teachers and this lack of preparation makes
the task of legal intervention foreign and uncomfortable to most educators (Duma
2009:135).
I have constructed a mind map in order to focus and limit the scope of my literature review
(see Figure 2.1). Four broad themes have emerged and have been explored and begin with
education law. Here the focus is on the supremacy of the Constitution as well as the
interpretation of the BoR, as human rights implementation is one of the concerned areas
where I anticipate attitude change through knowledge (see § 1.7.2).
— 20 —
The Constitution provides the cornerstone for legislation and education law specifically.
The Constitution is seen as crucial for the understanding of the various aspects of
legislation and education law specifically, as education law ultimately is derived from it. It
will be of significance to determine the level of understanding of the Constitution, Schools
Act, other legislation and education law in evaluating its influence on practice.
2.2 CLARIFICATION OF CONCEPTS
In this section I will provide clarity to the various concepts that will be used in the context
of this inquiry. Below is a diagrammatical representation of the scope of the literature
review. I will examine the effect of knowledge and awareness of teachers on legislation and
education law specifically, who have not studied education law as well as those who did
not, and its influence on their teaching practice. This mind map helped me to situate my
inquiry as well as provided the boundaries within which I explored.
— 21 —
Can attitudes be How can these changes be
changed? How are attitudes changed? measured or seen?
Content What were 4

the changes? Teachers’
Attitudes
EDL 401
OWR 721 Module
outcome 1
ss
Education Law
Attitudes of The Constitution Supremacy of
Importance of Ed. Law 3 teachers Bill of Rights the Constitution
Implications of Ed. Law Teaching
towards Schools Act Interpretation
Practice Employment of of the BoR
Education Law
Educators Act
Pre-1994
2
Post-1994 Teacher
Education/
Training
Contextual
Factors
Initial Teacher Distance UP Teacher
Training Education Qualifications
Figure 2.1: Scope of Literature Review

— 22 —
2.2.1 TEACHER EDUCATION
Teacher education or teacher training refers to the policies and procedures designed to
equip prospective teachers with the knowledge, attitudes, behaviour and skills they require
to perform their tasks effectively in the classroom, school and wider community.
Although ideally it should be seen and organised as a seamless continuum, teacher

education or training is often divided into these stages:
 initial teacher training / education (a pre-service course before entering the
classroom as a fully responsible teacher);
 induction (the process of providing training and support during the first few years
of teaching or the first year in a particular school);
 teacher development or continuing professional development (CPD) (an in-service
process for practicing teachers).
For the purpose of this inquiry the focus will be on the teacher development aspect only.
2.2.2 EDUCATION LAW 401 (EDL 401)
Education law is one of six modules that make up the ACE: Education Management
Programme at the Faculty of Education of the University of Pretoria. The course code for
education law is EDL 401.
2.2.3 EDUCATION LAW 721 (OWR 721)
Education law 721 is one of twelve modules, which make up the BEd (Hons) qualification.
The module code for education law 721 is OWR 721. Students are supplied with a study
guide, a reader, tutorial booklet as well as an administration booklet.
2.2.4 TEACHERS WHO HAVE NOT STUDIED EDUCATION LAW
This research will also look at teachers who have not been exposed to any education law
modules. These teachers have been sampled from four schools from the Howick District in
— 23 —
KwaZulu Natal province, two of which are primary schools and two are high schools. Their
biographical information indicates that they have been teaching for many years, and as such
have never been exposed to any education law programme in their initial training addendum
R).
2.2.5 BELIEFS AND ATTITUDES
According to Triandis (1971:2), attitude refers to “manners towards” or “consistency in

response.” Hanks (1998:67) adds that it is “the way a person views something or tends to
behave towards it, often in an evaluative way.” Du Toit (1993:9) refers to attitudes as an
“evaluative statement about a person’s world.” It is clear that the definition of “attitudes”
varies from research to research. However, Koekemoer and Olivier (2002:35) sum it up by
acknowledging that although definitions vary, they all have the “readiness to respond” to a
situation as a common element. The definition that Allport (1935:798) puts forward seems
to be widely accepted “… a mental and neural state of readiness, organized through
experience, exerting a directive or dynamic influence upon the individual’s response to
objects and situations.” For the purpose of this research the definition of attitude shall be
how teachers experience the education law modules and associated examination papers.
2.2.6 TEACHER
The word teacher has, over the years, been used synonymously with words such as educator
and facilitator. For the purpose of this inquiry, the definition of a teacher is the same as
defined in the National Education Policy Act 27 of 1996 – s1 define educator:
… any person who teaches, educates or trains other persons at an education institution or
assists in rendering education services or education auxiliary or support services provided
by or in an education department, but does not include any officer or employee as defined
in section 1 of the Public Service Act, 1994.
2.2.7 TEACHING PRACTICE
Teaching practice, for the purpose of this inquiry, will refer to teachers who are employed by
the provincial DoBEs as teachers within public schools. The focus is on the craft or practice of
doing their job and not on the individual teachers per se.
— 24 —
2.2.8 POST LEVEL 1 (PL1)
Post levels are a classification used by the DoBE to differentiate between teachers on
different levels of management and salary ranges. A teacher who is classified as PL1 is
someone who teaches full time in the class and is not part of the Schools Management Team
(SMT). The teacher’s salary level is naturally linked to the post level that he/she is on Insert
text reference.
A teacher who is classified as PL2 is someone who teaches full time in the class, is part of the
SMT and is referred to as the Head of Department (HoD). Depending on the size of the
school and the seniority of the HoD, he/she may be a lower level or middle level manager at
his/her school. The vast majority of schools have HoD’s, however, schools that have only one
or two classes of learners do not qualify for HoD’s (insert text reference). These types of
schools are typically found in deep rural areas.
A teacher who is classified as PL3 is someone who does not teach full time in the class and is
part of the SMT. A PL3 teacher is considered to be the upper management of the school, if
not the Head. Depending on the number of pupils at the school, a PL3 teacher will either be
a Deputy Principal or, at a smaller school, the Principal. Naturally the salary level and level of
responsibility within the SMT is linked (Insert text reference).
A teacher who is classified as PL4 is someone who does not teach full time in the class and is
the Head of the SMT (Insert text reference). This teacher is also referred to as the Principal.
— 25 —
2.2.12 THE SOUTH AFRICAN SCHOOLS ACT, ACT 84 OF 1996
The Schools Act can be seen as the most important educational national law governing
school education. It provides a comprehensive legal framework that sets uniform standards
for the education of learners at schools and for the organisation, governance and funding of
schools in South Africa (The South African Schools Act, Act 84 of 1996). This legal framework
is of paramount importance to this inquiry. One of the most important purposes of the
Schools Act is to bring about one unified National Department of Education. In so doing, it
seeks to redress the imbalances and injustices of the past where education was segregated
according to race. Schools Act undergirds this research as it focuses, directs and informs the
scope of my inquiry.
The principle that the stakeholders in the education sphere are in a partnership and are co-
responsible for advancing education was stressed in subsequent legislation and case law.
(Schoonbee and Another v MEC for Education, Mpumalanga, and Another 2002 (4) SA 877
(T):883; Oosthuizen 2009:277; Joubert & Prinsloo 2008:74; Bray 2005:13). Other important
values and principles pertaining to education policy were identified and included equity,
transparency, non-discrimination, fairness, quality, participation, cooperation, access,
restoration, accountability, development, freedom of choice, redress, school-based decision-
making and financial sustainability.10 Most of these principles presuppose cooperation
among stakeholders.11 In addition, these values and principles are applicable to school
discipline and should be reflected in legislation and in the implementation of school
disciplinary measures.
2.2.13 HUMAN RIGHTS
The Constitution ensures the protection of human rights as entrenched in the BoR as
stipulated in section 7. The concept or term “human rights” has over time conjured up
different meanings for different people.
Human rights are those rights and freedoms which are inherent in all human beings by
virtue of their humanity alone, and which are not bestowed on them by any ruler, nor
earned or acquired by purchase (D’Engelbronner-Kolff 1993:65).
— 26 —
I agree with this definition and for the purpose of this inquiry, human rights will refer to the
human rights included included in the BoR found in the Constitution, in Chapter 2. In terms
of section 7(1) of the Constitution:
This Bill of Rights is a cornerstone of the democracy in South Africa. It enshrines the rights
of all people in our country and affirms the democratic values of human dignity, equality
and freedom.
Human rights are those rights that belong to every man, woman and child. Kleyn and Viljoen
(1995:236), Maree (1995:1-2) as well as Bray (1996:151) are in agreement that human rights
can be regarded as basic rights or fundamental rights. This inquiry agrees with the above
researchers, that human rights belong to all people, which includes learners. Because
learners are human beings, they are also entitled to legal, moral and human rights, including
the right to education (Netshitahame 2008:28).
There are 32 sections in Chapter 2 of the Constitution that deal with human rights. Some of
these sections will be pivotal to my research as the assumption is that knowledge and
awareness of legislation - therefore also of human rights - will influence the way teachers
apply human rights in practice.
2.3 EDUCATION LAW
Kleyn and Viljoen (2002:1) suggest that there is no singular definition for law nor for
education law. They put forward some of the characteristics that help give law more
definition. Law consists of a body of rules that regulate human interaction, providing order
to society and giving certainty (Kleyn and Viljoen 2002:2). These characteristics help us
understand the fundamental nature of law and what it aims to achieve.
2.3.1 DEFINING EDUCATION LAW
Education law deals with the law relating to education (Bray 2004:36). Bray goes on to
suggest that education takes place within the legal system of South Africa and as a result
does not exist in a vacuum or outside the ambit of the law. While this may be the case, it will
be of significance to determine which aspects of the law relate to education, as this will
provide clarity to the question “Can education law be distinguished from the law?” Bray
— 27 —
(2004:36) argues that this is in fact a difficult issue to separate. She therefore concludes that
education law is not a specific area, discipline or branch of law but that it spans the entire
field of law.
Having established the above, most of the education law sources originate from public law
such as legislation. According to Van Vollenhoven and Fisher (2008:3)
Education law is, in effect, all legislation that is involved in any aspect of the functioning of
schools – for example, financial management, learners’ safety. Everything that happens at
school should happen according to the legal prescriptions. These relevant legal
prescriptions form part of education law.
Education law is a growing field of study (Beckmann & Sehoole 2004:11). The increase in
legislation and policy dealing directly with the education arena makes this field of study
more and more complex. Defining education law is not straightforward. Despite this fact,
Rautenbach and Malherbe (2004:18-20) defines education law as comprising the rules of law
pertaining to education. This field can therefore be illustrated as in Figure 2.2. Bray
(2000:36-37) interrogates the same issue as Rautenbach and Malherbe, and arrives at very
much the same conclusion:
Education law is not a separate field of law and does not have its own unique norms and
rules. It is a hybrid field which comprises of norms and standards from the entire field of
law. Although education cannot be distinguished as a category or specific field of law or by
specific underlying principles, it is certainly identifiable in the legal system by reason of its
application in education. In short, education law is the law that concerns itself with
education.
Coetzee (2008b:183) refers to this field of law as quasi-legal.
According to the Preamble to the Constitution, the goal is the realization of the full potential
of every individual. In education that means the best possible education system, education
facilities and education programmes – in short, the best possible education for all South
Africans.
The main function of law is to create order and harmony; it regulates human interaction and
gives assurance. The law controls most aspects of our lives. This is evident in the rules of the
road, contracts when getting married, and rules of sport games.
— 28 —
The law can be thought of as a set of rules that we as a society accept to manage our lives.
Therefore, law can be defined as a body of norms and rules that must be accepted by
society as its legal system (Bray 2000:10).
The history of our country and the history of our law should be able to help us better
determine the origins of education law.
Figure 2.2 shows how education law is actually a hybrid law, as it has its roots in many fields
of law.
Private Law
Public Law
Constitutional Law
Foreign Law
International Law EDUCATION

LAW
Law of Contracts
Labour Law
Law of Persons
Other areas of Law
Figure 2.2: Roots of education law (Adapted from Beckmann & Sehoole 2004:18)
2.3.2 DEVELOPMENT OF SOUTH AFRICAN LAW
Although education law is an international phenomenon, every country is steered by its own
set of legislation. Therefore we need to define the South African legal system. It is easy to
identify the influence of the Dutch settlement, British rule, African indigenous customs,
apartheid and constitutional transformation on the moulding and development of the South
African legal system (Joubert 2002:16).
— 29 —
2.3.2.1 Roman Law
Roman law is the first ingredient of South African law which has evolved over a period of
twelve centuries. It is a legal system that was developed by the Roman civilization for a
period of approximately 1300 years, from 753BC to AD565 (Kleyn & Viljoen 2002:22). It rose
to its peak as the law of a worldwide empire, at which stage it has been described as “a
model for all times to come, such as has never been equaled since.”1 The decline of Roman
law coincided with the decline and ultimately the disappearance of the Roman Empire in the
west (Edwards 1996:3-4). Roman law still forms part of the legal systems of many countries
and forms the basis of our common law in South Africa (Kleyn & Viljoen 2002:22).
Roman law spanning over a period of time had to have been influenced by the various
dispensations of their civilization. These influences have shaped Roman law into what it has
become. It will be significant to look into the three major dispensations that have impacted
Roman law.
A. The period of Kings

Most of what is known during this era is based on legend. According to tradition, the
Romans founded the city of Rome in Italy in 753BC. During this dispensation seven kings
reigned over the Romans (Kleyn & Viljoen 2002:23). The king was elected for life as ruler of
Rome. He was the high priest (pontifex maximus). The king was considered the highest judge
and had legislative power. The king’s subjects were primitive farmers who lived according to
unwritten customs which were passed down from generation to generation. It would seem
that religious rules also formed part of their law (Edwards 1996:5).
B. The Republic
According to legend, the last of the seven kings was expelled from Rome in 510BC and a new
republican form of government was instituted (Du Plessis & Kok 1989:8). The republic
consisted of three components.
a) Two executive officials that replaced the king; they were also known as magistrates
and were elected annually.
b) The popular assembly or the assembly of the people as it was also known. This
assembly was responsible for passing legislation.
1
Sohm A Textbook of the History and System of Roman Private Law 3rd ed (1907) 72.
— 30 —
c) The senate which was an advisory body. This was made up of ex-magistrates. The
resolutions of the senate were, in theory, only advisory, but were followed as if
they had the force of law (Kleyn & Viljoen 2002:23).
It is important to note the shift from the monarchy to the republic. The most important
purpose of these magistrates was the administration of justice. Even the magistrates did not
have the power to pass legislation. This power lay with the popular assembly, made up of
the people. This appears as a shadow of things to come in South African law.
During this republican era, the law had to develop and adapt in order to meet the challenges
of its new society and its needs. Kleyn and Viljoen (2002:23) suggest that some of these rules
regarding the contract of sale still apply in present day South African law.
C. Period of the Emperors

Eventually the Republic made way for a new constitutional dispensation; Romans would be
governed by emperors. Kleyn and Viljoen (2002:24-25) indicate that the popular assembly,
the senate and the republican magistrates gradually lost their importance. All power seemed
to be in the hands of the emperors, who took on the role of the popular assembly and
personally began to promulgate imperial legislation.
At the end of the fourth century AD, the Roman Empire split into two: the Western Roman
Empire with Rome as its capital and the Eastern Roman Empire with Byzantium, or Istanbul
as it known today, as its capital. The Western empire was gradually taken over by Germanic
rule. In AD476 a Germanic ruler ascended the throne in Rome. This significant moment in
history meant that the Romans were now subject to Germanic rule and the Germanic people
had their own law. The Roman-Germanic society took on a character of its own that was
very different from the previous Roman society. The Roman law became watered down,
simplified and diluted with Germanic law. Du Plessis and Kok (1989:16) ask the question:
How did Roman law merge with Dutch law to give rise to Roman-Dutch law? Kleyn and
Viljoen (2002:26) suggest that the answer to this question lies with what is called the
‘reception’ of Roman law.
— 31 —
D. Reception
Edwards (1996:33) explains the reception phenomenon in three phases. The first phase
involved choosing a few Roman laws which was haphazardly incorporated into the native
customary law. Edwards goes on to describe the second phase as an early reception. This
phase, he argues, could only take place once a more scientific approach was adopted. The
third phase of reception was the reception of Roman law as a system of positive law. Du
Plessis and Kok (1989:14) put forward that as Roman law waned in the Eastern Empire, in
the west it was barely alive. In the twelfth century the reception of Roman law resulted in
the resurgence of Roman law and it spread over other parts of the world.
2.3.2.2 Roman-Dutch Law
Kleyn and Viljoen (2002:33); Edwards (1996:63); Du Plessis and Kok (1989:16) and Bray
(2004:4) all agree that after the fall of the Western Roman Empire, the Netherlands changed
rulers somewhat erratically and eventually became part of the Holy Roman Empire. In 1648
the independent Republic of the United Netherlands was formed. The law of Holland, one of
the provinces of the Netherlands, was blended with Roman law to form a single system. This
gave rise to Roman-Dutch law (Roomsch-Hollandsch Recht). Roman-Dutch law later became
the common law of South Africa.
Kleyn and Viljoen (2002:35) explain that in 1652 Jan van Riebeeck, an official of the
Vereenigde Geoctroyeerde Oost-Indische Compagnie (VOC) or the Dutch East India Company
came to the Cape in order to establish a refreshment station for the ships on their journey
between the Netherlands and the East. The settlement at the Cape lived according to the
Roman-Dutch law. Du Plessis and Kok (1989:18) add that Roman-Dutch law developed and
evolved in the province of Holland and that such development and evolution was accepted
at the Cape. It would seem plausible that the changes and advancements made in the field
of Roman-Dutch law that naturally took place in Holland were readily accepted and
implemented at the Cape. Netherlands and Holland exerted great influence over the Cape
during the period of 1652 to 1795, this spanned 143 years.
In 1795 the Cape was being occupied by the British and by 1806 this occupation became
permanent. This in effect saw the end of the Dutch rule at the Cape. Du Plessis and Kok
— 32 —
(1989:18) point out that at about the same time, France conquered the Netherlands.
Napoleon Bonaparte then abolished the Roman-Dutch law in 1809 and replaced it with the
Code Napoleon. This in effect meant that the Roman-Dutch law was in authority in the South
Africa but no longer in the Netherlands. Kleyn and Viljoen (2002:35) argue that while this
was the case, the British allowed the continued use and application of the Roman-Dutch law
and did not abolish it. When the Great Trek started in 1836, the Voortrekkers from the Cape
took the Roman-Dutch law with them to the interior of the country. These Voortrekker
territories were later also taken over by the British.
2.3.2.3 English Law
In the early 1800s, when the British took over the rule of the Cape from the Dutch, they
brought English law with them. In 1910, the four colonies of South Africa joined together to
become the Union of South Africa. This created one central government with the power to
make all the laws of the country (Edwards 1996:79). Although the Roman-Dutch law was
never abolished by the British authorities, it became inevitable that English law would
influence the legal system. This is evident for example when the old courts of the landdrost
and heemraden were replaced with the British system of resident magistrates. With the
official language being English, judges and magistrates were also trained in England, and
turned to English law authorities when deciding cases and resolving legal issues (Kleyn &
Viljoen 2002:36).
2.3.2.4 Indigenous Law (Customary Law)
Indigenous law refers to the laws and customs of the indigenous people. So while South
Africa received the Roman-Dutch law and later English law, the people of South Africa had
their own law (Bray 2004:5; Kleyn & Viljoen 2002:39). While indigenous laws existed, they
were only recognised officially by the colonial authorities in the second half of the
nineteenth century. Indigenous law displayed the following characteristics:
 It was made up of unwritten customs that were passed on orally from generation
to generation.
 It may differ from tribe to tribe and territory to territory.
— 33 —
 It mainly regulated the relationship between individuals and not the relationship
between the individual and the state.
 It is a communal or group-orientated focus. Indigenous law is also known as
customary law (Kleyn & Viljoen 2002:39).
2.3.2.5 Apartheid: Law as an instrument of oppression
To understand the notion of human rights application and its impact on attitudes towards
practice, the history of the Republic of South Africa (RSA) should be kept in mind. In 1948 the
National Party came into power. It was only at this time that the political policy of racial
segregation and racial discrimination was enshrined in legislation. In this way the law was
used to realise a specific political ideology. Kleyn and Viljoen (2002:37) point out that
apartheid laws were not part of the common law (Roman-Dutch law) nor English law. They
go on to explain that apartheid laws had far-reaching consequences, such as different racial
groups having to live in different group areas. Millions of people were forcefully removed
from the land they had lived on for generations. Public amenities were reserved for certain
race groups only. Opposition to the apartheid system was controlled by means of legislation
e.g. detention without trial. The seeds of Apartheid were sown as early as 1910. Apartheid
officially became law after the Reunited National Party won the white minority elections on
the 28th May 1948. This victory was hailed as a "Miracle" and clear proof that God was
watching over his “Volk.” Only the white citizens of South Africa were allowed to vote and
participate in government, black South Africans were forbidden.
In order to understand our present day legislation, we need to have a closer look at the
apartheid legislation. It is undeniable that our past has influenced and shaped our future.
Every sphere of society has been impacted by the past and education is certainly not
exempt. On the contrary it is more so in the terrain of education that we feel and see the
effects of our past.
2.3.2.6 Parliamentary Supremacy: pre-1996
Analysts comment that the “striking features of the new [1961] Constitution are its similarity
with the old, as well the deficiency of fundamental changes” (Marais 1985:33). This
— 34 —
comment may be true to only a certain extent in that the 1961 Constitution embodies the
1909 Constitution entirely, except for one significant difference. The position of the
Governor-General was replaced with that of the State President. The connotation of a
“distant” ruler would now be a thing of the past. The changes introduced by the 1961
Constitution means that the head of state will be an indigenous, elected State President.
Later this new Republic would vest the ultimate power to be able to pass legislation in
Parliament (Marais 1985:36-37).
Article 24 of the Republic of South Africa Constitution Act, 1961, was amended in terms of
Article 13 of the Fifth Amendment Act, 1980, to read as follows: “The legislative power of
the Republic is vested in the Parliament of the Republic, which consists of the State
President and the House of Assembly.”
This significant amendment has had major ramification for the history of South Africa. It
implied that Parliament then had the power to pass law and as such became the Supreme
Law of the country. The principle of “parliamentary sovereignty” applied (Marais 1989:267).
Section 34(3) of the 1983 Constitution states:
No court shall be competent to inquire into or to pronounce upon the validity of an Act of
Parliament, except as provided for in section 34(2).
Section 34(2) of the Constitution provides that any division of the Supreme Court of South
Africa shall be competent to express itself on the correctness of procedures that had been
followed in the enactment of an Act by the State President, Parliament or a House.
This in essence means that parliament was the supreme law maker and that the courts, in
theory, had no testing right or no right to judicial review with respect to legislation (Marais
1985:38). Kleyn and Viljoen (2002:47) agree that this translated to courts not having the
power to test legislation against any norm or standard, such as the principle of justness,
fairness or equality and strike down legislation which did not comply. This is particularly true
with apartheid legislation. Parliament could, therefore, use the courts as an instrument to
enforce its apartheid rule. The lack of representation of the broader population in the law
making process further compounded the political turbulence. As violence increased, with the
augmented pressure on the apartheid government by the majority of the population, the
1983 Constitution was adopted. The objective of this particular Constitution was to broaden
— 35 —
the democratic basis of government. Despite changes in structures of government, white
minority remained secure while the black majority failed to get representation in the central
structures of government.
2.4 THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA OF 1996 (THE

CONSTITUTION)
Most organisations like clubs and societies have a constitution. This is simply a document
which clearly sets out how the legal structure and functioning of the organisation are
regulated. South Africa’s Constitution is basically no different. In the Constitution, rules are
set out according to which the country is governed (Kleyn & Viljoen 2002:226). Schools are
responsible for the education of South Africa’s children. Therefore, schools can be seen as
the most important educational institutions through which South Africans exercise their
constitutional right to education. It stands to reason that this statement has implications for
government to implement its constitutional obligation in education (Barry 2006:1). In terms
of its preamble, the Constitution (1996) seeks to transform education. Schools, education
authorities and teachers must conduct themselves in a manner that is consistent with the
Constitution and more specifically in terms of section 7, which deals with democratic values
which are inherent to all human beings. Therefore teachers have an obligation to conduct
their business in line with the Constitution if they are to be valid (Barry 2006:8). We thus
need to look at the founding provisions of the Constitution.
2.4.1 FOUNDING PROVISIONS OF THE CONSTITUTION (SECTION 1)
The Constitution is the supreme law of the country. Teachers must therefore be aware of
the provisions of this act as well as the underlying values it contains. The Constitution is
underpinned by the values in section 1. Therefore, everything in the Constitution should be
measured not only in line with, but also against these values. If we state that the
Constitution is supreme and all decisions should be in line with it, we are actually stating that
everything in South Africa should be measured against this set of values. The founding
provisions shown below encapsulate the values upon which our democratic state is founded.
Chapter 1
Founding Provision:
1. Republic of South Africa
— 36 —
The Republic of South Africa is one, sovereign, democratic state founded on the
following values:
a. Human dignity, the achievement of equality and the advancement of human rights
and freedoms.
b. Non-racialism and non-sexism.
c. Supremacy of the Constitution and the rule of law.
d. Universal adult suffrage, a national common voters’ roll, regular elections and a
multi-party system of democratic government, to ensure accountability,
responsiveness and openness.
Bray (2004:6) asserts that the Constitution has been adopted in the spirit of reconciliation
and co-operation as it strives to heal the divisions of the past and create a society based on
democratic values, social justice and fundamental human rights. Joubert (2002:49) goes on
to add that a great deal of conflict and racial tension ultimately led to the unbanning of
political parties and subsequently the return of many exiled leaders. The country’s
tumultuous past had brought it to a point of adopting the final Constitution (of 1996).
The clause in Chapter 1 of the Constitution is noticeably value-laden. The past has influenced
the very founding principles. Some of the values that are highlighted are also listed under
Chapter 2 in the BoR. This may appear to be a paradox; however, it is maybe worthwhile to
remember the context within which the Constitution was drafted and adopted. These values
are almost beacons that should steer and direct the fledgling democracy.
The Manifesto on Values, Education and Democracy sets out the values that teachers need
to incorporate into their classrooms. These include:
 Democracy
 Social justice and equity
 Equality
 Non-racism and non-sexism
 Ubuntu
 Open society
 Accountability
 Rule of law
 Respect
 Reconciliation
Education is therefore subject to these values which characterize a democratic society.
— 37 —
2.4.2 DEMOCRATIC VALUES
Section 7 speaks to the matter of rights. It begins by stating that the BoR is the cornerstone
of democracy. It enshrines the rights of all people in the country and affirms the democratic
values of human dignity, equality and freedom. These three values; human dignity, equality
and freedom are crucial prerequisites for any open and democratic society.
2.4.3 SUPREMACY OF THE CONSTITUTION (SECTION 2)
The Constitution is the supreme law of the land. It is the highest authority in our country.
This means that no law or conduct can be in conflict with the Constitution. If any law or
behaviour is inconsistent with the Constitution, it will be considered invalid and
unconstitutional. As the Constitution is underpinned by the values in section 1 and our
democracy by the values of a democracy (section 7), it is expected then that all decisions and
conduct should be in line with and measured against these values. “Supremacy of the
Constitution and rule of law are bedrock constitutional values” (Du Plessis & Pete 2004:53).
In 1990, State President F.W. de Klerk, released Nelson Mandela and negotiations for the
inclusion of blacks in the constitutional process began. This significant step marked the
beginning of the end for apartheid in South Africa. All political groupings within South Africa
participated in the negotiation process where the Constitution of the Republic of South
Africa, 102 of 1993 was adopted and came into effect on 27 April 1994 – after South Africa’s
first democratic elections (Kleyn & Viljoen 2002:37-40). As a result, on 8 May 1996, our law
changed drastically when the final Constitution was adopted. It was published on 18
December 1996 in Government Gazette No. 17678. The Constitution of the Republic of
South Africa, of 1996, took effect on 4 February 1997 (Van Vollenhoven & Fisher 2008:25).
Du Plessis and Corder (1994:20) add that the elevation of the Constitution to the status of
‘supreme law’ of South Africa is of great consequence in the nurturing of a new democratic
order.
There is a clear shift of power from the legislator and the executive to the judiciary. Lewis
(1994:A15) writes in the New York Times that the Constitution is commonly understood as a
“commitment to limitations on ordinary political power.” He goes on to assert that the
— 38 —
courts are given the role of constitutional interpretation and review, which is the bedrock
that Du Plessis and Pete (2004:53) speak of. This notion of the limitation of powers is further
advanced by De Waal, Currie and Erasmus (2001:7), who propose that the essential problem
that is taken in hand when writing a constitution, is to institute a government with enough
power to govern, but at the same time making sure that power is structured and controlled
in such a manner as to prevent it being used oppressively. They go on to argue that the
Constitution limits the power of the government in two ways. Firstly, it sets structural and
procedural limitations on power – only certain institutions may exercise these forms of
power, and may only do so if specific procedures are followed. Secondly, the government
may not use its power to violate fundamental rights. Rautenbach and Malherbe (1998:1-2)
and Alence (2004:87) point out that it is this very important feature of our Constitution that
sets standards that will be used to protect the individual against any abuse of power by the
state. The built-in features, such as the supremacy of the Constitution with its entrenched
human rights, mean that all government bodies are subordinate to the Constitution and
their laws and actions must be in line with it.
Supremacy of Constitution: This Constitution is the supreme law of the Republic; law or
conduct inconsistent with it is invalid, and the obligation imposed by it must be fulfilled
(The Constitution 1(2)).
These limitations that the Constitution puts in place are in essence what make the
Constitution the supreme law of our democracy.
2.4.4 THE BILL OF RIGHTS (CHAPTER 2 OF THE CONSTITUTION)
Kleyn and Viljoen (2002:243) explain that the BoR or fundamental rights are rights that
primarily protect individuals from state power. Bray (2000:11) agrees that each human being
has certain “inalienable”, inborn or inherent human rights. These rights may not be
encroached upon by the state or its institution. Botha (1997:4-6) and Kleyn and Viljoen
(2002:252-255) agree that with the new Constitution, nobody can deny the nature of human
rights. One may conclude that human rights are authorized by the law, and belong to
individuals on account of him or her being human. This right is stronger than a privilege –
they argue that it is an entitlement which is capable of being enforced. One can conclude
that the BoR is a document that sets out the rights of the individual as well as the state. It
provides for the enforcement of such rights by the courts. As the BoR forms part of the
— 39 —
Constitution, it is therefore entrenched (Rautenbach & Malherbe 1998:8-9) or guaranteed in
the Constitution which is the supreme law.
2.4.4.1 Application (section 8)
Section 8 of the Constitution deals with how the BoR should be applied. The BoR applies to
all law, and binds the legislature and all organs of the state. These organs of the state also
include schools. This has huge implications for teachers in the classroom. As a teacher who is
expected to be aware of the provisions in Chapter 2 of the Constitution, his/her actions and
practice should now be governed by these rights. The teacher would then filter his/her
behaviour, teaching practice and discipline methods through the rights that are enshrined in
the Constitution.
2.4.4.2 The Limitation of Rights (section 36)
Bray (2000:11) points out that, rights are not absolute as they have to be weighed against
the rights of others as well as the public interest. She adds that the state itself is subject to
limitations should it encroach on these rights. If these limitations are exceeded then an
individual is entitled to have the state brought to book.
Although human rights are entrenched in the Constitution – that is, they are 100%
guaranteed and thus may not be violated – they are, however, not absolute and may in
certain circumstances be limited. Rights may be limited by means of the self-limiting clauses
found in the Constitution; these are also referred to as internal qualifiers. The BoR also
makes provision for legally limiting the rights of individuals by means of section 36, the
limitation clause. By using section 36 of the Constitution, human rights can be legally limited
when different human rights are in conflict.
2.4.4.3 The Interpretation of the Bill of Rights (section 39)
With the Constitution as with any language, its meaning depends on its context. This implies
that the context must be interpreted in order to give full understanding to its meaning or
implication. Kleyn and Viljoen (2002:243) and Bray (2000:17) suggest that sovereign
— 40 —
constitutions must be interpreted differently from ordinary legislation. In section 39 one of
the distinct differences between the old and the new constitutions are evident. The old
constitution did not allow the court to interpret legislation or rule against it. It had to merely
enforce the legislation that was passed by parliament, even if it was wrong (Marais 1985:36-
37). Section 34(3) of the 1983 Constitution states that: “No court shall be competent to
inquire into or to pronounce upon the validity of an Act of Parliament, except as provided for
in section 34(2).” The new Constitution now makes explicit provisions for the court, tribunal
or forum to interpret or test legislation in order to ensure that the legislation being tested
promotes the spirit, purport and spirit of the BoR. The court can now rule against legislation
that is inconsistent with the BoR.
Section 39 speaks expressly to the issue of interpreting the BoR.

Section 39:
(1) When interpreting the Bill of Rights, a court, tribunal or forum –
(a) must promote the values that underlie an open and democratic society based on
human dignity, equality and freedom;
(b) must consider international law;
(c) may consider foreign law;
(2) When interpreting any legislation, and when developing the common law or customary
law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill
of Rights.
(3) The Bill of Rights does not deny the existence of any other rights or freedoms that are
recognised or conferred by common law, customary law or legislation, to the extent that
they are consistent with the Bill.
Kleyn and Viljoen (2002:243) and Bray (2000:17) argue that a literal approach should not be
followed when interpreting the BoR, and that section 39 offers the guideline to be followed.
Conversely, De Waal, Currie and Erasmus (2001:142-143) suggest a few more ways of
interpreting the BoR. They start off by asserting that the literal approach should be the first
form of interpretation. They concede, however, that “ordinary or dictionary meaning” alone
will not resolve constitutional disputes. Having said that, they do caution that the
Constitution does not mean whatever we might wish it to mean, and they reiterate that due
respect should be given to the instrument of language. With most things, people have
different views or points of departure, and as such will interpret things differently. The
interpretation clause in section 39 seeks to remove this element of ambiguous
interpretation when it comes to the application of the provisions in the Constitution. Bray
— 41 —
(2000:18) suggests that constitutional interpretation requires a value-oriented and
purposive approach. The provisions of the Constitution should not be read in isolation.
The three guidelines, as set out in Section 39(1) (a-c) should be borne in mind when
interpreting the BoR.
Section 39(1) demands or expects interpretation which promotes the values that underlie an
open and democratic society based on human dignity, equality and freedom (De Waal,
Currie & Erasmus 2001:140). The spirit of the Constitution is characterized by openness,
democracy, dignity, equality and freedom. Kleyn and Viljoen (2002:254) describe the
Constitution as a bridge between a previous dispensation of discrimination and a new
dispensation of tolerance.
International law must be considered, while foreign law may be considered when upholding
the spirit of the BoR. The human rights provisions of the UN Charter, the Universal
Declaration of Human Rights, and the various conventions constitute the International Bill of
Human Rights. Other UN human rights instruments supplement this bill. The most important
ones are the Genocide Convention (1948); the Convention on the Political Rights of Women
(1953); the International Convention on the Elimination of All Forms of Racial Discrimination
(1965); and the International Convention on the Suppression and Punishment of the Crime
of Apartheid (1973). These conventions are legally binding on the parties that have ratified
them. Most of the UN member states have ratified at least two: the Genocide Convention
and the Racial Convention.2
De Waal, Currie and Erasmus (2001:143) put forward that section 39(2) has very little to do
with the actual interpretation of the Constitution, but rather concerns the interpretation of
statutes and the development of common law and customary law. However, they argue that
while this clause is not concerned with interpretation, it is crucial to the application.
Section 39(3) basically confirms that the BoR cannot prevent a person from enjoying rights
conferred on them by legislation, the common law or customary law. However, because the
Bill of Right is inbeded in the Supreme law, those rights conferred may not be inconsistent
2
August, Ray. (1995) Public International Law: Text, Cases, Readings. Englewood Cliffs, N.J.: Prentice-Hall.
Janis, Mark W. (1988) An Introduction to International Law. Boston: Little, Brown.
— 42 —
with the BoR. Oosthuizen (2003:58-59) cites the following examples to illustrate the
interrelationship between the Constitution and educational law:
 The founding provision of the Constitution (section 1) confirms that South Africa is
a democracy based on the rule of law;
 Several of the fundamental rights enshrined in the Constitution, including the rights
to education (section 29); equality (section 9); human dignity (section 11); freedom
of expression (section 16); freedom of association (section18); freedom of religion,
belief and opinion (section 15); the right to use language and culture of choice
(section 30); and the right to belong to a cultural, religious and linguistic
community have particular significance for education;
 The Schools Act gave formal effect to a participative form of democracy by
redistributing power to local school governing bodies with the removal of
centralised control over certain aspects of educational decision-making and the
establishment of co-operative governance between education authorities and the
school community (Squelch 1999:101; Oosthuizen 2003:195). In principle these
provisions were intended to establish a democratic power sharing and co-operative
partnership among the state, parents, and educators (Karlsson 1998:37);
 In terms of the Schools Act, members of school governing bodies are
democratically elected to represent parents, educators, learners and personnel of a
school. School governing bodies have the democratic and statutory authority to
adopt a constitution (section 20); recommend appointment of staff (section 20),
determine the language policy of a school (section 6), take measures to ensure
learner discipline at schools (section 8, section 9), and control school property and
financial resources (sections 20 and 21).
2.5 THE SOUTH AFRICAN SCHOOLS ACT OF 1996
The purpose of the Schools Act (RSA 1995, 5) is “to provide for a uniform system for the
organisation, governance and funding of schools; to amend and repeal certain laws relating
to schools; and to provide for matters connected therewith.” The administration of the
education system does not take place in a vacuum, and in order to grasp the nature of the
administration of the education system in South Africa, it is important to be aware of the
— 43 —
provisions which relate to the way in which our country is politically structured, as well as of
the main principles which underpin public administration in this country.
The Schools Act must always be interpreted in line with the Constitution of the Republic of
South Africa. It provides more detail on how schools should adhere to certain provisions in
order not to violate the fundamental rights of all stakeholders in education, as entrenched in
the BoR. The Schools Act provides the framework for the interpretation of the BoR, with
specific reference to the education environment. Things like admission to a public school
(section 5), language policy of public school (section 6), freedom of conscience and religion
at public schools (section 7), Code of Conduct (section 8) and prohibition of corporal
punishment (section 10) need to be applied according to the Schools Act, but within the
ambit of the Constitution and the application of the BoR. This means that the South African
education system cannot be administered in isolation but instead in tandem with the
Constitution of the land.
2.6 THE IMPORTANCE OF EDUCATION LAW
The EDL 401 (Van Vollenhoven & Fisher 2008:6) module explores the idea of why teachers
should know or be informed about education law. The module developers put forward the
following three elements.
(a) Professional services go hand in hand with considerable responsibility, and require
a specialized approach. Professional conduct is therefore regulated by a code of
conduct associated with a specific profession. This would imply that teachers
should know about the legal provisions and principles applicable to their
profession.
(b) In the Employment of Educators Act, Act 76 of 1998, it is considered to be
misconduct if teachers do not abide by education laws, rules and regulations. To
avoid disciplinary measures being instituted, teachers should become thoroughly
familiar with education law. Order is achieved when specific actions are carried out
in a prescribed manner. This is why certain procedures should be followed.
(c) Education that uphold the values that are underpinned in the Constitution, to a
large extent depends on the way in which educational policy, rules and regulations
are enforced by teachers. Only teachers familiar with education law will know how
— 44 —
to interpret school policy and implement procedures, rules and regulations
correctly.
An example to illustrate this point would be: Dwight arrives at school with a firearm. Dwight
has the right to privacy which means his school bag may not be searched. However, all the
learners at school have the right to life (section 11), to a safe environment (section 24) and
the right to privacy (section 14). The fact that Dwight has a gun at school violates these
rights. Dwight’s right to privacy is therefore in conflict with other learner’s right to a safe
environment. The teacher who is familiar with the Constitution will be able legally to limit
Dwight’s right to privacy while ensuring the right to a safe environment for the many other
learners. This line of action by the teacher can only be executed correctly and confidently
when he/she is able to apply the law to this situation. Therefore, knowledge of education
law is crucial in the school.
The position of authority occupied by the teacher has many legal implications and
expectations pertaining especially to possible liability for neglect. Teachers work with young,
immature individuals, who, because of their lack of experience and judgment, cannot always
foresee the consequences of their actions. Potentially dangerous situations should receive
the teachers’ full consideration.
Coetzee (2008b:184) suggests the following reasons why teachers, as classroom managers,
should have knowledge of education law:
 Knowledge of education law can help educators make valid and lawful decisions, in
other words, decisions that will not create legal problems for themselves.
 Educators who know education law will also know about their own rights and
obligations, as well as those of other parties.
 Educators as classroom managers must be aware of the relevant legal principles
and requirements.
 The particular position of authority which educators occupy has many legal
implications, especially with regard to possible accountability for negligence.
 Education law describes the authority of the educator and especially of the
educational manager.
— 45 —
 Educators who know the demands of the law will probably make better provision
for the safety of children than those who are ignorant of the law.
 Education law provides a clear framework of the role of the educator as a
professional person.
 Successful teaching depends on the manner in which legal prescriptions such as
educational policy, rules and regulations are applied. Only educators who know
education law will know how to interpret policy and correctly implement
procedures, rules and regulations.
Joubert (2002:25) also agrees that all individuals involved in education should be
knowledgeable of education law for the following reasons:
 Understanding processes and principles: this will help avoid becoming involved in
lawsuits.
 Ensuring the legality of decisions: knowledge of education law will ensure that
decisions are within the parameters of the law, therefore giving more impetus to
decisions made.
 Creating a safe environment: legally safe decisions will not only ensure protection
by the law but will ensure that learners in their care will be physically safe as well.
 Looking after interests: an individual who knows and understands his/her rights
and duties will be able to look after his/her interests. This will enable him/her to
carry out their duties.
 Legal requirements: A person who is active in a field is expected to be abreast of
the legal provisions and principles that will regulate or govern his/her activities in
the field.
 Decision-making framework: Better decisions are made when one knows what legal
considerations need to be taken into account.
The core element of the above is that education law is a collection of legal rules that govern
or regulate relationships and activities within the domain of education. Being aware of this
collection of legal rules is paramount for any individual within education. Success in this
domain of education will depend on the individuals’ knowledge, understanding and ability to
implement the collection of legal rules.
— 46 —
The concept of law may be defined as those rules of conduct that are accepted as binding in
society and that ought to be obeyed by society at large, are enforced by the state and exist
for the purpose of regulating the affairs of society justly and equitably. The law therefore has
to maintain and restore legal balance in a society (Coetzee 2011:183).
Education law regulates education in the same way in which the law in general regulates the
rest of society. Every action in the classroom has a legal basis. Educators in classrooms have
to deal with learners, but also with the principal, colleagues, parents and education
authorities. In order to create order and harmony in all these relationships, legal rules are
essential.
Maree (1995:9) defines education law as:

...those components of the Constitution, other statute law, the common law and case law,
that create an education system and regulate the multilateral interaction of individuals,
groups, independent bodies and official authorities within that system.
Potgieter et al. 1997:385) provide a good summary of the important functions of the law in
the education sphere. Education law:
 facilitates and regulates behaviour
 creates harmony and order
 determines powers and duties of functionaries
 defines the parameters within which education activities are performed
 protects the rights of individuals and groups involved in education
 prescribes requirements for the provision, governance and financing of education
Coetzee (2011:190), Maree (1995:86), and Joubert and Potgieter (2001:37) all agree that
education law is actually a field of law and not a discipline. It is a branch of law that deals
specifically with the field of education and contains all laws applicable to education.
2.7 CONCLUSION
In this chapter, three elements namely education law (see § 2.3), the Constitution (see § 2.4)
and the Schools Act (see § 2.5) were discussed. The importance, implications and effect of
education law was explored.
— 47 —
Education law is a collection of legal rules that govern or regulate relationships and activities
within the domain of education. Being aware of this collection of legal rules is of paramount
importance for any individual within education. Success in this domain of education will
depend on the individual’s knowledge, understanding and ability to implement the collection
of legal rules. It is clear that legislation pertaining specifically to human rights has changed.
awareness of legislation and education law specifically influences teachers’ practice.
In chapter 3, I will look at the modules from the Distance Education (DE) programme from
the University of Pretoria (UP), namely EDL 401 and OWR 721, which were used as vehicles
to empower and possibly change teachers’ attitudes and knowledge towards teaching and
human rights application in practice. A review will be done of the importance of education
law and its implications. Teacher education and training will be scrutinized. Attention will
also be given to initial teacher education and training.
---oOo---
— 48 —
CHAPTER 3
Teacher Education and Training Generates Change
3.1 INTRODUCTION AND OVERVIEW
The previous chapter established the legal framework which governs school education in
South Africa. After attempting to define education law and seeking to understand how South
African law has developed, it has emerged that the Constitution, the Schools Act, as well as
other legislation that is relevant to education, play a crucial role in regulating the teaching
profession. The literature review in this chapter intends to discover the influence and
consequence of the Education Law module within postgraduate teacher training programmes.
The palpable dissimilarity between the pre- and post-apartheid context of teaching and
teacher education and training comes to the fore.
This chapter will attempt to determine how exposure to the content of education law
modules influences teachers’ perceptions about their practice. The definition of beliefs and
attitudes varies and for the scope of this research, it has been limited to how teachers
experienced the education law modules and their responses in the examination paper, and if
they were influenced by the content of the module, which would have changed their
practice at school.
The following is of relevance and significance to this inquiry:

 Education law is a relatively new field within education and as such not all teachers
have been exposed to the content of education law at a formal level, and many
would only have gained their knowledge through experience.
 South African law has been greatly influenced by other countries and as such their
influence is still felt today.
 The apartheid era has had an impact on teachers’ teaching practice.
 The Constitution has changed the face of education and teachers’ teaching
practice.
 The importance of education law cannot be understated.
— 49 —
3.2 TEACHER EDUCATION AND TRAINING
My review of the pertinent literature will by no means cover all the developments in the
history of teacher education in our country because that falls outside the scope of my
research.
The term teacher education refers to programmes in which prospective teachers receive
training to become teachers and facilitators in both the formal and informal education
sectors. These programmes can take the form of pre-service (PRESET) or in-service training
(INSET). The aims of these programmes would be to train teachers to educate and teach
effectively in order to facilitate learning (Richter, Van der Walt & Visser 2004:7). Effective
teaching requires knowledge, skills, values and attitudes.
Graves (1990:12-13) alludes that over the last 150 years it has become widely accepted that
those who are engaged in certain roles in society such as doctors, dentists, priests, lawyers,
drivers or pilots should have some initial formal training in order to obtain a license or other
form of certification, before they are allowed to perform their roles in society. He adds that
the first government-sponsored teacher’s certificate took place in England as early as 1848
and teaching as a result of this came to be seen as a job that required preliminary training
and qualifications.
He who has a mastery of the subject matter can be a good teacher without any training (Rai
1995:1). The antagonists of the teachers’ training programme argue that its main emphasis
is how and not what to teach and that the teaching course maybe full of abstract concepts of
teaching. Parker (2003:16-17) suggests that teacher education in South Africa has evolved
through four distinct phases. (1) The apartheid education system (2) The introduction of
various policies and structures (3) Redress of past inequalities (4) From policy to
implementation.
3.2.1 FIRST PHASE: THE APARTHEID EDUCATION SYSTEM: 1990-1994
This was a period of structural stasis and cultural malaise. The apartheid legislation and
structures persisted with its hugely oppressive curricula and institutions, while the
— 50 —
legitimacy, efficiency and effectiveness of the apartheid system were in tatters from the
political upheaval of the day. Parker (2003:16) adds that while the old state marked time,
this phase was also characterized by prolific policy development. Even though the apartheid
education system had centralized controls, it was not a unitary or integrated system. It was
more a conglomerate of systems and sub-systems that were defined along racial, ethnic and
regional lines. There were seventeen different departments, each with its own funding,
syllabi and purpose. This conglomeration of systems in effect reinforced the social structure
of the apartheid system (UNESCO 2005:22).
3.2.2 SECOND PHASE: THE INTRODUCTION OF VARIOUS POLICIES AND STRUCTURES: 1994-1996
Parker (2003:17) adds that the second phase saw the manifestation of policy as new
structures, new role-players and new authoritative bodies emerged. As such, in 1994 the
newly elected government began the task of implementing the Interim Constitution by
creating one national and nine provincial educational departments. It is also during this era
that we see the rise of many statutory and non-statutory types of council such as the
Education Labour Relations Council (ELRC), South African Qualifications Authority (SAQA) as
well as the South African Council for Educators (SACE). SACE has been formed with the view
to monitor and ensure that teachers who are registered with this council behave in a
professional manner. It has now become mandatory for all teachers to be registered with
SACE; a teacher may not be employed as a teacher without first being registered.
Participation in the first democratic elections does not translate simply to electing one’s own
representative but also translates to the right to influence decisions. The challenge of
participatory and representative democracy has been taken up by the introduction of many
Acts and policies in this phase. The Schools Act is one such Act that takes up the challenge.
The Schools Act was designed to create a new governance landscape of participation and
partnership between the state, learners, parents, school staff and communities. This Act in
essence is fundamental to the transformational goals of the education sector. It attempts to
address the issues of access, equity, redress, democratic governance and national
development (UNESCO 2005:17).
— 51 —
Table 3.1 provides a representation of the various legislation and policy statements that
have been implemented since our new democracy. The objectives of each are also stated.
This table illustrates that there has been an immense amount of legislation and policy
statements adopted since 1994. The main aims of those are to redress the inequalities of the
past, to bring about one unified system for the organisation, governance and funding of
schools. Some legislation also sought to amend and repeal certain laws which were not
progressive and purported the will of the apartheid government.
Table 3.1: Key education policy regulations and legislation3
Legislation/policy
Objective Mechanisms
statements
The SA Constitution (1996) Provide a framework for Guarantee access to equal
transformation and education for all
democratization
Provide for a right to a basic
education
White Paper one and two Serve as reference for policy and Education policy framework
(February 1995 and 1996) legislative development
The National Education Outline responsibilities of the Council of Education Ministers,
Policy Act (1996) Minister of Education Heads of Education
Formalize relations between Departments Committee
national and provincial authorities (HEDCOM), inter-governmental
forums
The South African Schools Promote access, quality and Compulsory education for 7 –
Act (1996) democratic governance in the 14 year olds
schooling system Only two types of school –
independent and public school
Funding norms – redress
through target allocation of
funds
Further Education and Develop a nationally coordinated Dedicated Further Education
Training Act (1998) further education and training and Training (FET)institutions
Education White Paper four system National curriculum for
(1998) teaching and learning
Education and Training
(2001)
The Higher Education Act Establish a unified and nationally Council on Higher Education
(1997) planned system of higher (CHE)
Education White Paper education Institutional planning and
three on Higher Education
3
Adapted from UNESCO (2005:24)
— 52 —
Legislation/policy
Objective Mechanisms
statements
(1999) budgeting framework
National Plan for Higher
Education (2001)
Employment of Educators Regulate the responsibilities of the South African Council for
Act (1998) teacher Educators (SACE)
The Adult Basic Education Support the development of the Establishment of public and
and Training (ABET) Act ABET sector private adult learning centres
(2000)
The South African Integrate education and training at National Qualification
Qualifications Authority all levels Framework (NQF) – scaffolding
(SAQA) Act (1995) for national learning system
Curriculum 2005 Promote learner centred outcomes OBE Curriculum framework

based learning
Integration of knowledge and skills
3.2.3 THIRD PHASE: REDRESS OF PAST INEQUALITIES: 1997-1999
It would seem that this period was characterized by a general overhaul of policy within the
context of the Growth, Employment and Redistribution (GEAR) policy (UNESCO 2005:57).
GEAR attempted to address the crucial tensions that were undermining the Reconstruction
and Development Programme (RDP). There was a need to promote economic growth and
development through tighter control over state expenditure. However, at the same time
there was a dire need to redress the inequalities of the apartheid past and to ensure that
basic public services such as water, sanitation, housing, education, health and security were
delivered to the poor. This phase was characterized by the state’s will to impact strongly the
lives of the majority through better delivery of better basic services and in education,
through greater access to educational opportunities of better quality.
3.2.4 FOURTH PHASE: FROM POLICY TO IMPLEMENTATION: 2000 AND BEYOND
Parker (2003: 24) purports that this phase is merely a culmination of the second and third
phase. It was only in 2000 that the statutory and non-statutory councils became operational.
The focus was strongly shifted from policy to implementation.
— 53 —
The first and second phases of our history have impacted on the type of education that
teachers received in their training years. He goes on to substantiate that the education
system, prior to 1994, was driven by the political will of the apartheid system, as it resulted
in separate forms of education for different racial groupings. Robinson (2003:19) adds that
as a result of these separate forms of education, the consequence was duplication and
fragmentation.
James, et al (2006:679) concur that under the apartheid government, education was
deliberately made unequal, and access was limited as the government sought to separate
the different race groups while maintaining its apartheid grip. It was this phase, the
implementation of policy, which brought my research into sharp focus. The various policies
as laid out in Table 3.1, which are underpinned by the values of the Constitution, place an
enormous responsibility on teachers to be able to implement successfully and effectively
such policies and change in their practice. Being confronted by education law through the
education law modules, will require a response from the teacher. It was this response that
was central to my research. This inquiry argues that exposure to a module in education law
would influence teachers’ practice.
In order to have a better understanding of how learning takes place, I decided to look at the
Dietz Model of Learning. This model argues that there are 4 levels that an individual would
go through in order to arrive at an informed decision, based on the linear process that
individuals have undergone.
3.3 THE DIETZ MODEL (1998)
Kolb (1984), Boud (1993) and Dietz (1998) concur that learning is a cyclic model and that
learning occurs through experience and through reflection. Arends (1997:ix) argues that
there are three components of experiential learning, those being "learning as the nature of
experiential learning, developing the receptive skills – listening and observing, critical review
and reflection.”
— 54 —
Dietz's four levels of learning provide a useful framework for analysis of how new knowledge
can bring about a change in behaviour. He suggests that students’ learning progress through
levels. These levels are explained below.
3.3.1 LEVEL 1: EXPLORATION
The early stages of the student’s learning were focused on the level described by Dietz as the
“exploration” level. The key characteristics were: learning the territory, inquiring about a
specific focus in the student’s teaching, assessing information, observing students and
listening to others (Insert text reference).
3.3.2 LEVEL 2: ORGANISATION
At this level the student starts to make sense of things in the workplace such as practicing
routines, putting procedures in place, recognizing pedagogy and learning theories in his/her
day-to-day practice of teaching. It is at this level that the student teacher begins to place
things in sequence and starts to make sense of the teaching environment (Insert text
reference).
3.3.3 LEVEL 3: CONNECTIONS
In the third level, it is suggested that students begin to make the “connections” between one
teaching situation and another. In this level the student begins to move out of the
constraints of a plan and modifies and alters plans to accommodate student needs. Students
in essence are able to understand the link between what and how they taught (Insert text
reference). More importantly, they start to see their teaching impact their students'
learning.
3.3.4 LEVEL 4: REFLECTION
“Reflection” is the fourth level where the student is now able to make informed decisions
based on his/her ability to reflect on his/her practice and respond to issues that emerge
from this reflection Insert text reference.
— 55 —
3.4 SHULMAN’S MODEL OF PEDAGOGICAL REASONING AND ACTION
Shulman’s model of Pedagogical Reasoning and Action was also looked at because this
model also suggests that reflection is crucial to the learning process. Shulman’s model not
only concurs with the argument that the learning process culminates in the practice of
reflection, but goes on to add that the final stage in the cyclic process of learning is, in fact,
new comprehension. New comprehension would refer to the new insight and understanding
that the individual would have attained in the learning process.
Shulman (1987:6); Garritz (2010:2) concentrates on the types of knowledge that are required
in teacher training and the “processes of pedagogical reasoning and action.” This model of
pedagogical reasoning and action advanced by Shulman has six stages. These six stages
include: comprehension; transformation; instruction; evaluation; reflection and new
comprehensions. Shulman puts forward that in order for a trainee to teach he/she needs to
transform his/her understanding and comprehension of the subject matter.
Both Dietz and Shulman suggest that reflection is an important component of the learning
process. I intend using reflection as a lens through which to analyse the attitudes of teachers
towards education Law. Once teachers have been exposed to the content of education law,
they would reflect on what they have learned and acquire a new understanding of how
education law affects their teaching. It was for this purpose that reflection was closely
examined.
3.5 REFLECTION
Reflection is seen as pivotal to the learning process. Reflection was viewed as a strategy to
assist student teachers in raising their awareness of their learning (Gholami & Husu 2010:
1524). They felt that by talking to their colleagues and working collaboratively with them,
they would come to a fuller understanding of their learning, their students' learning and
their teaching. By being able to identify and cater for individual student learning needs, the
student teachers revealed that throughout their training they were continually reflecting on
their teaching practice and modifying their practice to achieve improved learner outcomes.
…the way that teachers are trained, the way schools are organised, the way that the
educational hierarchy operates, and the way that education is treated by political decision
— 56 —
makers result in a system that is more likely to retain the status quo than to change (Fullan
1993:3).
In South Africa we have seen that our education system has been hugely influenced by
political decision makers. This inquiry argues that the landscape of the South African
educational field has indeed changed.
Pedagogy can be viewed as a practice or a craft representing the teachers’ accumulated
wisdom with respect to their teaching practice acquired over time. Teachers’ knowledge
and beliefs provide a framework for pedagogy, knowledge of students, subject matter and
the curriculum, and guides the teachers’ action in practice (Carrington, Deppeler & Moss
2010:2).
Carrington, Deppeler & Moss (2010) use this lens to examine how teachers’ engage in critical
reflective practice and how they personalize and individualize their teaching practices so
that pedagogy flows from their understanding and knowledge as they engage their students.
In looking at the extent to which teachers’ conceptions and beliefs are congruent with their
practice, Carrington, Deppeler & Moss (2010:3) argue that change depends to a large extent
on how teachers are able to reflect critically on their actions and consider new approaches
to teaching. They add that through this critical reflection process, teachers may well develop
viable alternatives to their practice. A study by Carrington and Sagger (2008) involving an in-
service programme of a large Australian university with a core unit of Bachelor of Education
students was undertaken. One of the specific aims of the service-learning programme was to
broaden and develop the students’ ability to work within legal and ethical frameworks that
promote diversity, equity and inclusive education. Their findings suggest that students
reflect and critique their world. Further to this, students demonstrated an enhanced
understanding of the ethical and legal framework.
Literature dealing with professional learning through reflection suggests that reflection could
enhance professional development (Freidus 1998; Carter & Francis 2000; Yost, Sentner &
Forlenza-Bailey 2000). Freidus (1998:56), in her research on reflection, states that
"…students learn to look for patterns and connections within and among the educational
experiences they have found meaningful for themselves and their students.” Sinclair and
Woodward (1997:53) conclude, from their study, that reflection promoted professional
development of student teachers, and enabled them to make links between theory and
practice and also encouraged them to evaluate their teaching practice.
— 57 —
Professional development is where the tension between institutional imperatives and
individual prerogative exists, between the conditions necessary to attempt systematic
change and the conditions that engage individual teachers in their work (Little 1993:141).
Her assertion underscores the importance of professional development as a vehicle for
educational reform (Gholami & Husu 2010: 1527).
Learning is a cyclic model where learning occurs through experience and through reflection.
My understanding of professional learning is grounded in Dewey's philosophy (1938, 1966)
that we learn from experience and reflection. Dewey (1966:50) describes the act of learning
as "one of continual reorganizing, reconstructing [and] transforming experience.”
3.6 TEACHING PRACTICE
As mentioned in the previous chapter, teaching practice, for the purpose of this inquiry will
refer to teachers who are employed by the DoBE as teachers within the public school, who
perform their duties in regards to teaching. The focus is on the craft or practice of doing
their job.
3.6.1 PRE-1994
Teaching in South Africa pre-1994 has had many challenges. The system was driven by the
political logic of the apartheid system which engineered separate forms of education for
different racial and ethnic groupings (Robinson 2003:19). The subsequent duplication and
fragmentation of the teacher education institutions, she argues, have led to the lack of a
smooth seamless system and resulted in many curricula and qualifications. It was within this
context that teachers practiced their craft. James et al (2006:679) agree that under the
apartheid government, education was deliberately made unequal and access limited. This
purposeful inequality within the education system may be one of the key factors that have
influenced teachers’ attitudes towards education law. Their experience within the apartheid
system may also colour the way they see their profession.
— 58 —
3.6.2 POST-1994
For many years South Africa was rejected by the rest of the world for its gross violations of
human rights, its laws of inequality and discriminatory policies. One of the facets of society
that was hardest hit by the apartheid system was education (Joubert 2002:49). The first
democratic election signaled major changes in the South African education sector (James et
al. 2006:680). Chisholm (1997:50) adds that official state education policy that was
historically geared towards “affirming white and male superiority” was now being reoriented
towards “redressing the inequalities between black and white” on principles of inclusion,
social justice and equity. James et al. (2006:680) go on to argue that this shift in orientation
had implications for the South African education sector. Respect for human dignity can be
regarded as the cornerstone of the transformation of education for a new South Africa
(Richter, Van der Walt & Visser 2004:12). They further assert that, only when respect for a
human being has been restored can the other aspects of transformation be truly addressed.
Robinson (1999:192-193) suggests that the context of education has changed significantly
and uses the example of a teacher called Miriam to illustrate the change of context.
Miriam is a dedicated teacher who has taught for ten years. In all that time her school has
been racially exclusive, so that she has had pupils in her class who can speak the same
languages and who come from similar backgrounds. She has been expected to be very
formal in her teaching, and she has been able to use corporal punishment on those pupils
who do not listen to her. Someone in the Department of Education has made sure that she
has received the syllabus, textbooks, and the dates and formats for the tests and exams.
Her greatest achievement was to further her qualifications, for which she received a salary
increase. No other teacher has ever watched her teach, and no teacher, inspector or
principal or subject adviser has ever asked her for her opinion about teaching or about the
school in general. This example seeks to highlight a typically white teacher within the then
House of Assembly. With the onset of democracy, Miriam has additional issues to contend
with.
Suddenly life has changed. The people who visit her from the DoBE are different. Not only
are they from one DoBE, but they have progressive ideas about education that she has not
heard from her employer before. Her pupils are from different racial and economic
backgrounds and speak different home languages. She doesn’t know how to teach them.
The curriculum demands that she teaches using learner-centered or cooperative teaching
methods. No one has ever shown her how to do this. If the pupils are unruly, she cannot
use the cane on them as she will be the one in trouble. She is told to do continuous
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assessments. Her principal says that there will be an appraisal process at the school and
she must give feedback to others about their teaching. She is required to go to meetings to
discuss South African Schools Act where teachers will form part of the school governing
body. There is tension at her school because of something called rationalization and
redeployment. Some teachers are leaving the school and new ones are arriving. It all feels
very uncertain. Miriam is not sure whether to inquiry further as it is not clear if this will be
recognised for salary purposes.
The above example clearly illustrates the contextual factors that make teaching in a new
democracy a reality. It is worthwhile to note the following when trying to understand how
the teaching practice has changed post-1994:
1. Miriam’s teaching practice was quite different prior to 1994. Then the education
system was driven by the apartheid regime which perpetuated a system of
inequalities, lack of democracy and lack of human dignity.
2. She taught in a school that was mono-cultural.
3. The pupils spoke the same home language, were from similar backgrounds.
4. Her style of teaching was prescriptive.
5. She was able to deal with discipline using corporal punishment.
6. The syllabus, textbooks and tests were all done for her and issued to her school.
7. She received salary progression when she upgraded her qualifications.
8. There appeared to be no teacher development.
9. Her opinion regarding her teaching practice did not matter.
When suddenly life changes, Miriam finds herself practicing her craft with completely new
realities. Some of the contextual factors from the example demonstrate the stark differences
between pre-1994 and post-1994.
1. Miriam is faced with drastic changes in her practice as a teacher.
2. She has a multi-cultural class.
3. She has learners from different backgrounds that speak different home languages.
4. She needs to use new teaching methods that are learner-centred.
5. She may not use corporal punishment when disciplining her learners.
6. While guidelines are offered by the DoBE regarding the curriculum, Miriam feels
the pressure of needing to design a suitable learning programme for her learners.
This she has to do with very little or no support from the DoBE.
7. She is now faced with being appraised as a teacher for the first time.
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8. She is expected to be engaged in Continuous Professional Development, and is
faced with the reality of not being financially rewarded for her efforts.
9. She is now a key role player in the education system, where her opinion is solicited.
In essence, Miriam’s experience is typical of many different teachers and the reality they
faced with the birth of a new democracy. Teachers had to deal with changes in the law
which ultimately affected their teaching practice. Teachers experience problems with
learners, who do not have respect for them, refuse to take responsibility, are disobedient,
are aggressive, and challenge authority (Lessing & De Witt 2010:22).
This inquiry seeks to understand how teachers, confronted with changes to the rules that
govern their practice and confronted with the content of education law, respond to the
expectations placed on them. This inquiry will seek to argue that teachers who are
confronted with changes to the rules that govern their profession and confronted with the
content of education law may experience a positive influence on their attitude towards
education law and their practice.
By contrast, in a study conducted in Alexandra, educators were of the opinion that learners
in grade 8 and 9 were the most violent, and that only a few in grade 10, 11 and 12 were
violent (Pahad & Graham 2012:6). However, educators in this study explicitly linked
disciplinary problems with the age differentials among learners in the same class. One
educator responded as follows:
You teach different levels in one class ... [and] sometimes I can’t control [an] older one. …So
the younger ones will take ... advantage. I [then] won’t have control of the class. (Pahad &
Graham 2012:6).
3.7 TEACHERS’ BELIEFS AND ATTITUDES
There are two distinct elements of beliefs and attitudes that can be distinguished (Bem
1970:40; Middlebrook 1980:158; Ross 1995:12). The first element is the cognitive
component or, as Koekemoer and Olivier (2002:35) explain, it is where the idea is formed by
one’s thinking. Another element to note is the affective component, which refers to the
emotions that charge the idea. The latter would remain central to the purpose of my inquiry
in order to determine how teachers who are being exposed to education law and as a result
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their new knowledge will affect their practice. New knowledge should produce a change in
practice.
As early as 1918, Jastrow (1918:vii) contends that beliefs and attitudes are “generated and
directed by our thinking.” Our thinking gives rise to the conclusions that we come to, as well
as the reservations and doubt that we hold to our beliefs and attitudes (Jastrow 1918:viii).
Du Toit (1993:5) supports the idea that our thinking and thus our beliefs and attitudes are
shaped by the reality that we find ourselves in, as a result of facts, events, our experiences,
social learning, conditioning and our learning by example. Evans (1965:7) agrees by
suggesting that although we all share a common reasoning human nature, we all have
diverse beliefs and attitudes towards reality. Bem (1970:40) says that it is evident that a
strong interaction exists between our cognitive processes (logical thinking) and our
psychological nature.
3.7.1 CAN BELIEFS AND ATTITUDES BE CHANGED?
Koekemoer and Olivier (2002:36) support the idea of Evans (1965:2) that education plays an
important role in changing beliefs and attitudes. They also add that beliefs and attitudes are
formed by what we learn. Beliefs and attitudes are not permanent (Huysamen 1993:128;
Moreira & Noos 1995:125), because, they can be changed or modified (Brownlee & Dart
1998:110; Evans 1965:8; Mahan & Lacefield 1979:5; Sanchez 1997:69).
3.7.2 HOW ARE BELIEFS AND ATTITUDES CHANGED?
Vandeyar (2008:125) seems to echo Evans’ (1965:2) sentiments: “Education can bring about
change!” She looks at how to change student-teachers’ beliefs and attitudes towards
differences in South African classrooms. Vandeyar uses three sets of arguments to show how
change can be brought about to teachers’ beliefs and attitudes, namely (1) “personal change
has a prime place in the analysis of change” (Goodson 2001:57); (2) the embrace of change
only happens with an inner change in people’s beliefs (Sheehy 1981; Ball & Cohen 1999) the
implementation of educational change involves “change in practice” (Fullan 2000).
— 62 —
Evans (1965:2) puts forward that beliefs and attitudes are formed by what we learn.
Thompson (1999:167) proclaims that “students pass through a dynamic process of
transformation” with regard to their beliefs and attitudes while being prepared for their
teaching profession. Knowledge, therefore, forms the foundation upon which one’s beliefs
and attitudes towards something is gradually formed (Brownlee & Dart 1998:108; Sanchez
1997:6; Thompson 1999:165). Literature therefore suggests that beliefs and attitudes can be
changed, even though it is a process that is achieved through education. If beliefs and
attitudes can be changed, then teachers who have been exposed to the modules of
education law may indeed have their beliefs and attitude towards education law influenced
or even changed, whether negatively or positively.
Having indicated that learning happens through reflection, it is now necessary to look at how
this newly gained knowledge activates change. To this end I explored the behavioural change
theories. After all, once teachers have been exposed to education law, there should in all
probability be some behavioural change at some level, be it in attitude or practice or both.
3.8 THE BEHAVIOURAL CHANGE THEORIES
The behavioural change theories and models attempt to explain how we think about, feel
about and would like to behave towards something. Brownlee and Dart (1998:108) put
forward that the behavioural component illustrates how beliefs and attitudes influence our
behaviour. Each behavioural change theory or model focuses on different factors (Prochaska
& DiClemente 1992:64). Of the many that exist, the most prevalent are the Learning
Theories, Social Learning Theory, Theory of Reasoned Action and Planned Behaviour and
Transtheoretical Model (Ajzen 1985:15).
3.8.1 LEARNING THEORY
This theory puts forward that complex behaviour is learned gradually through the
modification of simpler behaviour. Imitation and reinforcement play important roles in this
theory (Sharma & Romas 2012:13). Skinner (1953:36) states that individuals learn by
duplicating behaviour that they observe in others. As simple behaviour is established
through imitation and subsequent reinforcement, the complex behaviour develops. This
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theory may help explore the notion of how the actual content of the education law modules
have brought gradual behaviour modification.
3.8.2 SOCIAL COGNITIVE THEORY

According to this theory, behavioural change is determined by environmental, personal, and
behavioural elements. Simply put, an individual’s thoughts affect his/her behaviour. Bandura
(1989:46) agrees that an individual’s environment affects the development of his or her
personal characteristics as well as the person’s behaviour and that an individual’s behaviour
may change his/her environment as well as the way the individual thinks or feels. This theory
reinforces the understanding that individuals are a product of their environment and that
while change is systematically taught; the individuals’ environment may not allow the
desired change to take place.
3.8.3 THEORY OF REASONED ACTION (TRA)
This theory assumes that individuals consider behaviour’s consequence before performing
the particular behaviour (Ajzen 1985:18). Ajzen further asserts that intention is an important
factor in determining behaviour and behavioural change. Thus personal attitude and social
pressure shape intention, which results in a behavioural change. As I intended determining
the change in attitudes of teachers after being exposed to the content of the education law
modules, the TRA will be looked at more closely. The fact that teachers are exposed to the
content of education law may indicate that these teachers understand the consequences of
their actions or lack thereof and as such will modify their behaviour.
3.8.4 TRANSTHEORETICAL MODEL
The Transtheoretical Model is also known as the Stages of Change Model. Behavioural
change is a five-step process. An individual may vacillate between stages before achieving
complete change (USDHHS 1996:213). The five processes start with the pre-contemplation
stage where an individual may or may not be aware of a problem but has no thought of
changing his/her behaviour. The next stage is contemplation, the individual desires to
change behaviour. The individual now enters the preparation stage, here the individual
intends to modify his/her behaviour within a specific time frame. The fourth stage is the
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action stage, the individual displays new behaviour consistently. An individual finally enters
into the maintenance stage, once he/she has exhibited the new behaviour for a prolonged
period of time (USDHHS 1996:214).
3.9 CONCLUSION
This chapter took a look at Teacher Education and Training and the phases that it has gone
through. Teacher training was examined with a detailed look at reflection as an all-important
level in teacher development. Teaching practice was also examined with focus on pre-1994
and post-1994. The matter of teachers’ beliefs and attitudes was analysed and the
Behavioural Change Theories were explored. These themes formed the framework within
which I investigated the research question - To which extent do awareness and knowledge of
legislation and education law specifically influences teachers’ practice?
---oOo---
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CHAPTER 4
Research Design and Methodology
4.1 INTRODUCTION
In the previous chapter, I looked at teacher education and training and its propensity to
generating change. The various historical stages of teacher education and training in South
Africa were explored. In order to have a better understanding of how learning takes place, I
then decided to look at the Dietz Model. This model argues that there are four levels that an
individual would go through in order to finally make an informed decision. Shulman’s model
was also explored; this model also suggested, like the Dietz model, that reflection was crucial
to the learning process. Shulman’s model goes on to add that the final stage in the cyclic
process of learning is in fact new comprehension. It is this new comprehension that I
anticipate seeing in the participants’ responses, which would have enabled me to answer my
research question (see § 1.5). I then continued to investigate the science of how beliefs and
attitudes could be changed. The behavioural change theories and models explain how we
think about, feel about and would like to behave towards something. Therefore, this would
assist me in understanding how the awareness of legislation and education law specifically
influences teachers’ practice.
This chapter will provide a description of the research process, design and methodology. I
will also seek to justify my methodological choices (Leedy & Ormrod 2010: 54; Maree 2010:
18). It will also explain the process chosen to generate and analyse data in response to the
research and guiding questions. The aim was to provide a qualitative perspective on how the
awareness of legislation and education law specifically influences teachers’ practice. These
findings would then form a baseline for exploring of teachers who had studied education
law. These finding would not only be benchmarked against the baseline findings, but would
also be used to determine if studying education law had influenced the attitude of the
participants towards education law application in practice.
— 66 —
4.2 RESEARCH QUESTION
To which extent do awareness of legislation and education law specifically influences

teachers’ practice?
4.2.1 SUB-QUESTIONS
(i) To which extent do legislation and education law specifically influence

practice for teachers who have not been exposed to education law?
(ii) To which extent do teachers perceive practice change due to exposure to
legislation and education law specifically?
4.3 THE RESEARCH DESIGN
The following subsections explain the methodology chosen for this inquiry. This orientates
the reader in terms of the basic premises, epistemological position, research approach and
data collection strategies.
4.3.1 EPISTEMOLOGY
Qualitative research focuses on the what, how, when and where of things, trying to
determine the essence and ambience of the research object (Berg 2009:3). The qualitative
research process is focused on determining the qualities, characteristics or properties of
specific phenomena to improve understanding thereof (Henning, Van Rensburg & Smit
2004:5).
Qualitative research is individuals constructing a reality by interacting with their social world
(Merriam 2002:2-3). Williams (2003:31) adds that this method seeks to interpret actions,
conversations or contexts. The Oxford Paperback Dictionary and Thesaurus (2009:491)
defines ‘interpret’ as to ‘elucidate or bring out the meaning’, or to ‘explain or understand
behaviour’. I intended interpreting the experiences of the participants so as to provide
important insights and knowledge in order to answer my research question better. Crotty
(1998:57) points out that from a research point of view, the emphasis is on putting oneself in
— 67 —
the place of the other and seeing things from the perspective of others. This interpretive
inquiry was based on the assumption that the world is made up of multiple realities
(Henning, Van Rensburg & Smit 2004:68). Bogdan and Biklen (1998:23) concur that
knowledge is socially constructed and it is also constantly changing. Qualitative research
seeks to provide rich, descriptive account of the findings (Merriam 2002:2-3). Such an
account has been generated and discussed using literature that framed the inquiry in the
first place.
My position mainly was one of an interpretivist. Emphasis was placed on the meaning that
individuals assign to their experiences, accepting that subjective meanings are crucial to
achieving and gaining meaning.
The key to understanding qualitative research lies with the idea that meaning is socially
constructed by individuals in interaction with their world. The world or reality is not a
fixed, single, agreed, or measurable phenomenon. There are multiple constructions and
interpretations of reality that are in flux and that change over time (Merriam 2002:3).
Therefore, my aim was to understand the meaning that people have constructed about their
world and experiences such as the way new knowledge has influence behaviour and practice
in schools. I tried to make sense, understand and interpret the experience of the participants
with regards to how their teaching practice had been influenced. This then implies that the
meaning that each person attached to his/her experience was different and unique to
him/her and this implies that the “absolute truth” does not exist. This research therefore
was inductive by nature. Merriam (2002:5) adds that the interest of a basic interpretive
inquiry would be to understand how people interpret their experiences, how they construct
their worlds and what meaning they attribute to their experiences. I do not believe that
knowledge is out there, as it is socially constructed and that my task as a researcher was to
understand how people made sense of their lives and their experiences. Therefore, the
primary objective of my research was to uncover and interpret these meanings.
In a qualitative study, one does not begin with a theory to test or verify. Instead, consistent
with the inductive model of thinking, a theory may emerge during the data collection and
analysis phase … (Anfara & Mertz 2006:94-95).
The Inductive-Thinking Model (Taba 1960:47) is broken into three stages. The first stage is
the formation of concepts. This stage deals with the collecting and categorising of data. I
used codes, themes and families to categorise the data I collected. The second stage involves
— 68 —
the interpretation of the data, to identify critical relationships and make inferences based on
the exploration of these relationships. The third stage deals with the application of
principles. In this stage I predicted, explained and verified the position of the participants
and then formed a hypothesis.
4.3.2 RESEARCH APPROACH
Denzin and Lincoln (2003:382) point out that qualitative research is endlessly creative and
interpretive. They add that the researcher does not just leave the field with mountains of
empirical material and then easily writes up his or her findings.
One of the reasons for conducting a qualitative study was to provide a description of a
phenomenon and not an explanation. Bogdan and Biklen (2007:78) clarify that phenomena
include anything that appears or presents itself, such as emotions, thoughts and physical
objects. They state further that phenomenology means describing things as one experiences
them and that this means a turning away from science and scientific knowledge and
returning to the ‘things themselves’.
According to Chamberlin (1974 as cited in O’Donoghue & Punch 2003:139) there is always
more than what is given in the perception of a single perspective – this inquiry intended to
uncover these attitudes i.e. the phenomenon of teachers being exposed to education law
and their attitude to their teaching practice. This was a further reason that justified why my
inquiry was qualitative as my primary objective was to understand the core meaning or
essence of an individual’s experience. Bogdan and Biklen (2007:90) add to this by saying that
“meaning” is of essential concern to the qualitative approach. Researchers who use this
approach are interested in how different people make sense of their lives or participant
perspectives. In other words I saw how the participants created their own reality with the
new content they had been exposed to in education law (Mathebula 2013:39).
— 69 —
4.3.3 TYPE OF INQUIRY
An interpretivist qualitative research design demonstrates the expectations and

methodology of my inquiry. The aim was to explore a phenomenon, of how the awareness
of legislation and education law specifically influences teachers’ practice (Maree 2010:19).
I set out to do a case study. A case study is a research strategy which focuses on
understanding the dynamics present within single settings (Huberman & Miles 2002:57).
Merriam (1998:11) describes a case study as “an intensive, holistic description and analysis
of a single entity, phenomenon or social unit.” Yin (1994:27) adds that a case study
investigates a contemporary phenomenon within its real-life context, especially when the
boundaries and contexts are not clearly defined. This type of research allowed me to
combine collection data methods such as questionnaires, document analysis and a group
interview which ultimately enabled me to provide a description in order to understand the
dynamics at play.
My case study included teachers from Kwa-Zulu Natal, Lions River District. Four schools were
selected as part of my sample. These included two primary schools and two high schools.
Five teachers from each of these schools were asked to complete a questionnaire. The
questionnaire looked specifically at their attitudes towards and knowledge of legislation and
education law specifically. I conducted a similar questionnaire with teachers who were
enrolled as students with the University of Pretoria. These students were from the Advanced
Certificate in Education (Education Management) and Bachelor of Education (Honours)
Education Management programmes. These students are currently enrolled for the
education law module, hence my decision to choose them as part of my sample. The aim
then was to determine their change in attitude and knowledge of legislation and education
law and its influence on their practice after completing the education law module. In order
to add to the trustworthiness of my research, I also conducted a document analysis on the
examination scripts, which explored answers to a question from an examination paper of the
EDL 401 and OWR 721 modules. Once I established that the data from the analysis of the
examination scripts were not sufficiently rich to be able to answer my research question, I
then conducted a group interview. The participants were past or present students of the
University of Pretoria, who have successfully completed an education law module.
— 70 —
4.3.4 INQUIRY STRATEGY
My strategy was an inductive one; the outcome is descriptive. I seek to understand the
perceptions of the people involved. Data was collected through questionnaires, document
analysis conducted on examination papers and a group interview. The data was inductively
analysed to identify the recurring patterns or common themes that cut across the data
(Merriam 2002:12). The document analysis of the examination scripts explored were
answers to a question from an examination paper of the EDL 401 and OWR 721 modules.
4.3.5 SAMPLING
My data was collected from three different sources, the first being teachers who had never
been enrolled for an education law module (see addendum R). The second source was
teachers who have enrolled for an education law module in either an Advance Certificate in
Education or a BEd Honours programme and the third source are the examination scripts of
these same students.
Purposive sampling is an informant selection tool (Tongco 2007:147). The purposive

sampling technique, also called judgment sampling, is the deliberate choice of an informant
due to the qualities the informant possesses. It is a non-random technique that does not
need underlying theories or a set number of informants. Simply put, the researcher decides
what needs to be known and sets out to find people who can and are willing to provide the
information by virtue of knowledge or experience (Bernard 2002:98; Lewis & Sheppard
2006:292).
Four schools were selected, two were primary schools and two were high schools. I
specifically requested the head of each school, one other member of management, as well
as three post level 1 teachers to complete the questionnaire. The head of the school could
select who the other member of management and three post level 1 teachers would be.
This inquiry was divided into three phases which sought to answer the research question in
paragraph 4.2. An explanation of the sample for each phase follows.
— 71 —
(a) Phase 1: Determining the knowledge and awareness of teachers on legislation
and education law specifically, who have not studied education law and its
influence on their teaching practice
The target population was teachers of schools from the Lions River District in
Pietermaritzburg. This sample included high school and primary school PL1, PL2, PL3 and PL4
teachers. The table below shows the distribution of the sample. From the schools listed
below, S1 and S2 are ex-model C schools while S3 and S4 are previous House of Delegates
schools. There are two primary schools and two high schools chosen from this district.
Table 4.1: Sample of schools from Lions River District
No. of teacher
Name of school PL1 PL2 PL3 PL4
participants
S1: A Primary school NIL RETURN
Total no. of participants 15 6 3 3 3
The above four schools were selected due to their proximity to the Lions River District.
Permission was granted by the District Manager (see Addendum A). The principals of these
schools were contacted and appointments were set up. At these subsequent appointments
the purpose of the inquiry was discussed and explained. The expectation of having certain
staff as selected by the principal was also discussed. There was a warm and positive
reception from all four schools and it was heartening to note their keen interest. The
questionnaires were left at the school to be completed and were collected four weeks later.
All but one school returned their questionnaires completed. In selecting these schools I
made the assumption that these teachers by virtue of the number of years that they had
been teaching had not been exposed to a formal course of education law. This was also
confirmed (see addendum R).
The second leg of my inquiry focused on the teachers from the Durban area, specifically
those teachers who attended the education law module at the University of Pretoria’s
— 72 —
contact sessions in Durban. I had no control over which students had registered to attend
the contact session.
(b) Phase 2: Determining the knowledge and awareness of teachers on legislation

and education law specifically, who have studied education law and its influence on their
teaching practice
This sample included teachers who have enrolled for the ACE Education Management (EDL
401) as well as the BEd(Hons) Education Management, Law and Policy (OWR 721) as offered
by the University of Pretoria. I included all teachers enrolled for education law at UP from
the Durban area who attended the July contact session as the participants.
Permission from the relevant departments within UP as well as the Department of Education
was sought and granted (see Addendum B) Table 4.2 demonstrates the intended number of
participants that was expected from each of the courses.
Enrolled students at the July No. of

PL1 PL2 PL3 PL4
contact session participants
ACE – EDL 401 10 6 2 1 1
BEd(Hons) OWR 721 7 5 1 1 0
TOTAL 17 11 3 2 1
Appointments were set up with the relevant lecturers and permission was granted to visit
their classes and engage their students (see Addendum C). The purpose of the inquiry was
explained and the expectation to complete a questionnaire was also discussed. Ethical issues
such as confidentiality, access to examination scripts and accuracy with regards to data
captured were given due consideration. All students present in these two classes were given
a questionnaire to complete. In the ACE class there were 31 students present and 30
questionnaires were returned. The issue of deciding which 10 questionnaires to include in
the analysis was settled by selecting the questionnaires completed by the only two
participants who were PL3 and PL4, the rest of the questionnaires were chosen according to
the least number of questions that were left unanswered by the participants. Thus
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questionnaires that had the most number of answers were selected for analysis. Ultimately
eight questionnaires in this category were selected, bringing the number of questionnaires
for phase 2 to 10. In the BEd(Hons) class there were nine students. Seven returned their
questionnaires; all of these were included for analysis. Where 20 questionnaires were
anticipated from both the ACE and BEd(Hons), only 17 were realized. All these participants
were also required to complete a consent form giving the researcher permission to analyse
their October examination papers (see Addendum D).
(c) Phase 3: Document analysis of examination scripts of students from phase 2

The third phase was document analysis, an analysis of examination answer scripts. These
were the scripts of the same students above. Their expressed permission, as well as
permission from the University of Pretoria, granted me access to their exam scripts for
analysis (see Addendum E).
Table 4.3 illustrates the intention of examining the examination papers of the same students
who answered the questionnaires during the July contact session in Durban.
No. of
Document analysis PL1 PL2 PL3 PL4
participants
ACE (EDL 401) 6 4 1 0 1
BEd(Hons) 4 3 1 0 0
TOTAL 10 7 2 0 1
This should have translated to ten students’ examination papers from each course. In the
ACE course only six of the ten students wrote the September examination, whereas in the
BEd(Hons) only four of the seven students wrote the examination.
— 74 —
4.3.6 DATA COLLECTION INSTRUMENTS
As I collected my data in three phases, I will continue to motivate my choice of data

collection instruments per phase.
 Phase 1 (addendum L)
A questionnaire with open ended questions was completed by teachers from the Lions River
district who have not been exposed to any education law module. The data collected was
rich and was able to answer my research question. The participants in this phase were
teachers who by virtue of their years of service to the DoBE did not have any formal training
with respect to education law (see addendum R). Their responses were interesting to note
and to understand how they dealt with the management of their classroom as well as their
school without formally being exposed to a module of education law.
 Phase 2
The second phase were completed by students in Block 2 attending the Durban venue as
they have just completed the OWR 721 module, as well as students in Block 3 for the EDL
401 module. These were participants who were exposed to the content of education law.
 Phase 3a
Document analysis of examination answer papers of the EDL 401 and OWR 721 module was
done to determine if the way students answer the questionnaires, correlates with their
knowledge of legislation and education law specifically and its influence on their practice.
This will also provide for a form of triangulation which adds to the trustworthiness of the
findings.
I used two data collection instruments in the above three phases. These instruments were
sent to experts in the field to test the questionnaires and get their input (see Addendum F).
 Phase 3b
A group interview was conducted. Group interviews are a form of group interview that
capitalises on communication between research participants in order to generate data. This
method is particularly useful for exploring people's knowledge and experiences and can be
— 75 —
used to examine not only what people think but how they think and why they think that way
(Kitzinger 1995:299).
 Instrument 1: Questionnaire
Denscombe (2003:107) points out that the selection of data collection method is dependent
on various considerations. One such consideration is whether the method selected serves
the purpose of the research? Questionnaires have the potential to supply the researcher
with exact detail. Check questions are questions that assess honesty. Thus questionnaires
are seen as consistent as they are able to produce the same results from the same situation
when used on different occasions or with different participants. Questionnaires may be
better than alternative approaches not because of their inherent advantages but simply
because the use of questionnaires is preferred due to time and cost constraints.
Questionnaires also lend themselves to confidentiality as well as allowing the participants to
feel no pressure to complete the questionnaire – they can be returned blank.
My questionnaire was one with open-ended questions so that I could extract as much data
as possible from the participants. Simons (2009:168) concurs with Bickman and Rog
(1997:78) who suggest that researchers typically ask open-ended questions at the discovery
phase of their research, so as to allow the participants the opportunity to interpret the
questions and to allow the researcher to extract the most out of the responses. These
questions were aimed to probe the value that these teachers placed on their experience
with education law as well as their attitudes towards their practice. In wanting to
understand their experience with education law, it was equally important to understand
them as teachers and each participant’s own experiences.
 Instrument 2: Document analysis

Coyle (1995:245) suggests that discourse can be regarded as sets of linguistic material that
are coherent in organization and content and enable people to construct meaning in social
contexts. Cohen, Manion and Morrison (2005:298) put forward that discourse researchers
explore the organisation of ordinary talk and everyday explanations and the social actions
performed by them. I studied the answer scripts of the examination paper of the six EDL 401
and four OWR 721 (see Addendum G) participants who had completed the questionnaires in
phase 2, by selecting a question that relates to a case study and analysed the written
— 76 —
discourse of the teachers in their answers. The aim was to try to understand the attitudes of
teachers towards education law and subsequently the effect thereof on their practice.
4.3.7 LIMITATIONS
One of the characteristics of an interpretivistic research design is that the researcher is the
primary instrument for data collection and data analysis. The human instrument has
shortcomings and biases or “subjectivities” (Merriam 2002:201). This limitation is
acknowledged, and as a researcher, I approach my research with my own biases. I am a
middle-aged Indian male from Pietermaritzburg. I am a primary school Head of Department.
I have been in the employ of the DoBE since 05 May 1992. All my teacher qualifications have
been obtained through the medium of Distance Education – and I have never been a full-
time student. Being part of the education system as a scholar pre-1994 has naturally made
me acutely aware of the Government’s apartheid policies which resulted in the rights of the
vast majority not always being recognised, which led to the violation of learners’ human
rights. As the researcher I accept that my experience, firstly as a scholar within the apartheid
education system and secondly, as a teacher who must now function within a new system
that recognizes the human rights of all stakeholders, will influence my perception and
interpretation of this inquiry.
An interpretivist qualitative research design forces me to see the world of the participants
through their eyes, however, the lens that “colours my world” impacts on the way I see
theirs. Bickman and Rog (1997:132) point out that all aspects of research are interdependent
and that any weakness in one area will affect the quality of the data collected.
awareness of legislation and education law specifically influences teachers’ practice. An
inquiry of this nature could actually cover all educators in South Africa. However, such an
undertaking would be over ambitious in many regards, especially in respect to time and
money. I decided, in phase 2 (for the teachers who have been exposed to education law), to
focus on those who attend the University of Pretoria Distance Education contact sessions for
EDL 401 and OWR 721 in the Durban area; this in itself is a limitation. Teachers doing this
module via Distance Education might have different outcomes than that of full-time
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students. The questionnaires were not answered by the same students. This did not detract
from the trustworthiness of my research, as the aim of my research was not to track the
perspectives on the awareness of legislation and education law specifically of a specific
cohort of students or the influence the module has on students’ teaching practice. The fact
that different students answered the questionnaire only added to the trustworthiness of my
findings.
The seemingly obvious limitation will be that the findings cannot be generalized, since the
participants all were from the Durban area. This may imply that the findings may not
necessarily apply to all teachers in South Africa. Even though this limitation abounds, one is
be able to contextualize the findings within a bounded context (Merriam 2002:220) and the
inquiry surely developed a hypothesis for further research.
4.3.8 SIGNIFICANCE OF INQUIRY
The findings of this inquiry has the potential to impact the future of education law in the
initial and further training of teachers in our country. The results suggest that the studying of
education law has made a significant difference in the way teachers perceive their roles and
practice within the education system. It may therefore inform curriculum planners and
developers of the importance of education law as a module in initial teacher training and
further training programmes.
This inquiry also improved my research skills and my understanding of the research process.
“How you study the world determines what you learn about the world” (Patton 1990:67).
Further, this inquiry develops a hypothesis for further exploration via quantitative study on
the matter of the place of education law in initial teacher training as tool to change attitudes
and practice.
— 78 —
4.3.9 TRUSTWORTHINESS
Bickman and Rog (1997:369) raise the question of trustworthiness and that researchers must
consider what the plausible alternative explanations are, as well as threats to the
validity/trustworthiness of the potential conclusions of their inquiry, and how these will be
dealt with. It has to do with proving to the reader the authenticity of my results. Bickman
and Rog (1997:372) go on to say that triangulation enhances validity and compensates for
the fallibility of any single method or measure in applied research. The analysis of the exam
script further added to the validity of my findings as I was able to determine if their way of
answering case studies correlates with their attitudes as perceived from the questionnaires.
My position was one of induction, that knowledge was generated through the experience of
those educators. Their realities and perceptions were different, and I attempted to
understand and interpret their realities and perceptions, which was the core purpose of my
inquiry.
4.3.10 ETHICAL CONSIDERATIONS
This inquiry adheres to the Ethical Code and Guidelines of the Faculty of Education of the
University of Pretoria (see Addendum H) and I sought permission to undertake research in
the identified institutions from their management (see Addendum I). Permission was also
sought from the Provincial DoBE (see Addendum A). The following ethical considerations
were adhered to:
 Approval to conduct the research

Clearance was granted by the Ethics committee with regards to my ethics application (see
Addendum J). I needed, however, to ensure the following:
 Permission from the Registrar of the University of Pretoria was required in order to
access students’ examination scripts. This was obtained (see Addendum E).
 Provide detailed justification for analysing students’ examination scripts and to
include these reasons in each participant’s letter of consent. This matter was
attended to (see Addendum D).
— 79 —
 To outline the possible risks and benefits of my inquiry and also include this in the
letter of consent. This matter was attended to (see Addendum D).
 Informed consent
Participants were informed of the objective of the inquiry. They were further informed
about their voluntary participation and right to withdraw from the activities of the inquiry, if
and when they no longer wished to participate (see Addendum D).
 Confidentiality
Institutions and individuals are confidential. Their confidentiality was guaranteed by not
including the names of any of the participants in all phases of the data collection in my
research. An agreement on anonymity was reached with individual teachers agreeing to
participate, through the informed consent letter and verbal explanation.
4.4 CONCLUSION
In this chapter I have explained what influenced my decision to adopt a qualitative approach
for this inquiry. It was indicated that I chose to use open-ended questionnaires, document
analysis and a group interview as data collection instruments to achieve verification and
validation of the findings. I also purposively selected my samples from four institutions. The
literature reviewed has influenced my decision to assess the data within the principles of the
equivalency theory which puts much emphasis on equivalent value of the learning
experiences and their outcome, with regard their attitudes towards education law and their
practice.
The next chapter will attend to the matter of analysing the data from the three phases. The
coding process will be discussed, demonstrating how I arrived at the diverse categories and
ultimately synthesising the various families. Hypotheses were formulated and substantiated
by the data. These processes were followed in order to be able to answer my research
question of how education law influences the attitude of teachers.
---oOo---
— 80 —
CHAPTER 5
Presentation and Interpretation of Data
5.1 INTRODUCTION
The previous chapter dealt with the research design and methodology. Specific attention
was given to the research process. Due consideration was given to situating the inquiry,
sampling, data collection instruments and ethical considerations. I provided motivation for
the choices I made which would ensure the needed data to answer the research question.
The sampling and data collection was done in three phases. Phase 1 was participants from
the three schools in the Howick district, Kwa-Zulu Natal, who had not been exposed to the
content of an education law module. Phase 2 was teachers who were enrolled at the
University of Pretoria for a module in education law, phase 3a was document analysis of
examination scripts and phase 3b was a group interview. These phases will continue to be
discussed as independent entities. This chapter will capture my data analysis in an attempt
to answer the research question: To which extent do awareness and knowledge of
legislation and education law specifically influences teachers’ practice?
5.2 DATA ANALYSIS
Each of the three phases of data collection generated a large volume of data. In order to
make sense, as well as make the presentation manageable, I decided to organize the data
into codes, categories, families and then themes as per Patton (1990:271) and McMillan and
Schumacher (2001:314). This process of reduction is an effective data management tool.
Therefore, the data management strategy for this inquiry included transcribing the data
from all three phases. For quick retrieval, this was done on an Excel spread sheet (see
Addendum K).
5.3 THE DATA ANALYSING PROCESS
The data were studied and codes were assigned, and then grouped into categories and
clustered into families until themes evolved. It would appear that while literature on
qualitative methodology widely argues the limitations as well as the procedural steps of
— 81 —
coding data (Anfara, Brown & Mangione 2002; Constas 1992; Marshall & Rossman 1999;
Miles & Huberman 1994), there is scant mention of the practical work involved with
analysing interviews scientifically (Olszewski, Macey & Lindstrom 2007:364).
The coding process involves the creating of a set of codes or a set of descriptive labels which
are useful in answering the research question. These codes are then applied to sections of
the data (Olszewski, Macey & Lindstrom 2007:365). The analysis involves continuously
working with data, organizing and breaking them into manageable parts, synthesizing them,
identifying patterns, finding out what is important and what is to be learned, and making
decisions on what is significant to report (Bogdan & Biklen 1998 as cited in Amenkhienan
2000:38).
The data in phase 1, 2 and 3 were coded using an inductive approach, which means that the
themes and patterns emerged from my data. I began with specific observations (data from
the questionnaires) and then detected patterns and regularities and formulated some
tentative hypotheses to explore, and finally ended up developing some general conclusions
or theories as per Patton (2002 as cited in Ostrow 2003:45). Theme-coding as described by
Ragin (1994:104) means that the researcher selects “text-bits” with a more or less relevance
to the theme, which is indicative of qualitative analysis, as the researcher seeks a holistic
understanding of the data.
The transcripts were read several times initially. During the first reading, notes were made
on the transcripts. The transcripts were then colour coded for the purposes of identifying
key points and emerging patterns. Amenkhienan (2000:48) suggests that the following steps
be used when coding:
1. Developing categories for the patterns that emerge.
2. Naming the categories that reflect the information they represent.
3. Changing the names whenever more appropriate ones emerge.
4. Clarifying the meaning of each concept and exploring their interrelationships.
5. Using those concepts to organize the data and to describe and explain the inquiry.
— 82 —
Sivesind (1999:369) argues that when the emphasis is on the content of the text that is being
analysed, then the codes are merely tools for extracting certain themes. He adds that the
network of themes is a way of keeping track of the codes.
The coupling of theoretical assumptions and data-material takes place in the head of the
researcher. Coding is just a heuristic tool that makes the process of interpretation easier
through keeping data and concepts in a system (Sivesind 1999:369).
Figure 5.1 shows the coding process that was followed in this inquiry. A vast amount of data
was collected. Codes were assigned, categories allocated and families and themes emerged.
THEME
FAMILY FAMILY FAMILY
Categories Categories Categories Categories Categories
CODES
RAW DATA
Figure 5.1: Data Analysis and Interpretation Process (Adapted from McMillan &
Schumacher 2001)
The data analysis and interpretation process was applied to the data from phase one and
two. In phase one data were collected using a questionnaire with open-ended questions.
The participants were teachers from the Lions River ward in Pietermaritzburg. First there
— 83 —
was an analysis of the biographical information of the participants, then the coding process
began which ultimately led to the emergence of themes.
5.4 PHASE 1
Data were collected using questionnaires with open-ended questions (see Addendum L).
These questionnaires were completed by teachers from the Lions River District, KZN (see §
5.4.1). There were 15 questionnaires.
5.4.1 BIOGRAPHICAL DATA
The participants’ biographical data were tabulated. The table included gender,
qualifications,post level, age and years of teaching experience.Table 5.1 demonstrates the
biographical information of the sample in phase 1.
Table 5.1: Biographical data of participants in phase 1
GENDER OF PARTICIPANTS
A Males Females Unknown
6 8 1
QUALIFICATIONS
B MEd BEd(Hons) BEd BA BA(Hons) HDE/FDE
1 1 7 1 1 4
POST LEVEL
C PL1 PL2 PL3 PL4
6 3 3 3
RANGE OF AGE OF PARTICIPANTS IN PHASE 1
D 25- 29 30-34 35-39 40-44 45-49 50+ Total
1 0 1 2 6 5 15
RANGE OF YEARS OF TEACHING EXPERIENCE IN PHASE 1
E 0-3 4-8yrs 9-15yrs 15-19yrs 20-25yr 26+ Total
1 0 0 2 4 8 15
GRADES TEACHING
F Gr. 1-3 Gr. 4-6 Gr. 7-9 Gr. 10-12
2 2 5 10
— 84 —
Table 5.1 reveals the biographical information of the participants in phase 1. There are 40%
male and 60% female participants. Of the 15 participants, 40% are PL1 teachers, while 20%
are PL2, PL3 and PL4 teachers respectively. The bulk of the participants are PL1 teachers. The
average age of the 15 participants is 40-49 years old. Five were older than 50 years and only
one was between the ages of 25-29 years. If the participants were 17 years old when they
completed grade 12 and it took them four years to complete a teaching qualification, then
they would have been 22 years old when they entered the teaching profession; this would
then translate to approximately 13 years of teaching experience. This is confirmed by the
data in row E of Table 5.1.
In light of the above it can be concluded, based on the ages of the participants, who are all
except one, mature teachers that they were not necessarily exposed to a formal course of
education law in their initial teacher training and their types of qualifications would also
confirm this (see addendum R). It would seem that whatever knowledge that was evident in
their responses regarding education law is as a result of their experience. The data suggest
that while the participants have been teaching for an excess of 15 years, their perceptions of
how education law has influence their practice and education in South Africa are clear.
(S3:Q11:e): Yes, definitely. There is a new curriculum which has changed

dramatically to OBE to NCS. The challenges are there for both
educators and pupils e.g. training of educators, re-training and
interpretation of the new curriculum.
The data collected indicate that the participants believe that democracy has led to the
promotion of learners’ rights, while there are many policies and much legislation that
regulate the field of education. The data confirm that the participants possess a good
understanding of education law.
(S1:Q13:a): Education law refers to the policies and laws that all people in the
educational sphere need to follow to ensure successful teaching and
learning practices.
One of the biggest changes that the participants have experienced as a result of democracy
is a dramatic change in curriculum – ultimately changing the way teaching takes place.
— 85 —
(S3:Q11:d): Yes. The focus is on the learner and not the teacher. Emphasis is on
learner’s acquisition of skills and values. Learning is ongoing (CA). No
regurgitation of knowledge or written tests/exams being the sole
method of assessment.
5.4.2 THEME: DEMOCRACY HAS CHANGED THE WAY TEACHING TAKES PLACE
In analysing the data, I hoped to be able to answer my research question i.e. To what extend
does awareness and knowledge of legislation and education law specifically influences
teachers’ practice?”
My analysis began with a vast amount of data collected from phase 1. Two-hundred-and-
nineteen codes were assigned; these codes were reduced to 42 categories, which then gave
rise to three families and one broad theme. Table 5.2 provides a snapshot of the analysis
process of the first phase.
For the purpose of cross-referencing the responses of participants, in order to demonstrate

the link between the code assigned and the category, I have developed the following
reference system.
S1:Q11:e – this reference translates to:
S1 – school number 1 (there were three schools)

Q11 – question number 11 (there were 25 questions altogether)
e – refers to participant e
(There were five participants from each school, ranging from a to e)
— 86 —
Table 5.2: Theme: Democracy has changed the way teaching takes place
THEME: DEMOCRACY HAS CHANGED THE WAY TEACHING TAKES PLACE

FAMILY 1 CURRICULUM CHANGE
Category 1: Learner Centred Category 2: Outcomes Based Education
Teaching
No longer prescriptive. More OBE has changed the face of teaching
learner centred Policies, theory and processes have changed
CODES
Learner centred teaching Big curriculum changes with retraining of

Learner centred. Move away from teachers
exams Syllabus more diverse caters for most
All treated equally. Assessments learners
are varied
Category 1: Learner Centred Category 2: Outcomes Based Education

Teaching
CODES
Respect the learner Received training in the new curriculum

Individual counseling Multiracial schools -curriculum changes
Teaching has moved away from examinations
Category 3: Change brings challenges
Discipline problems increased
Produced mediocrity, learners are passed anyway!
Discipline and language an issue. Teaching style had to change to accommodate 2nd
CODES
language speakers.
Curriculum has changed, more time consuming
Group work is new. Deadlines seem to be negotiated.
Pupils are more challenging – lack of respect – hard to develop trust
Multicultural classroom
FAMILY 2 EDUCATION IS A REGULATED FIELD

CODES
Category 1: Good understanding of Category 2: Policies that regulate

Education law teaching
— 87 —
Policies and laws that govern education Schools Act; ELRC; department circulars
Law that regulates teaching ELRC Document; SACE; Human Rights Bill
Laws that govern education ELRC; SACE Code of conduct; Various
Guiding principles that promote HRM circulars from the department
teaching and learning CRSA; Schools Act; NEPA; NCS;PAM
Governs the conduct of teachers in our EEA; SACE; ELRC; Policy handbook
country Schools Act; ELRC; department circulars;
Runs schools nationally – SASA Constitution; SACE
Education that is regulated by Abolishment of corporal punishment
legislation Schools Act 84 of 1996; Policy documents
Guideline to teaching and learning for each subject issued in 2008 by Dept.
Laws govern education of Education (KZN)
Policies or laws or rules that govern Policy hand book; NCS

education Schools Act; ELRC; department circulars;
Education that is regulated by Constitution; SACE
legislation SACE; National Education Policy
Rules and regulations that can be Education Act; IQMS; Health Promoting
upheld in a court of law School; Safety and Security
EEA; LRA etc
Schools Act;NEPA; EEA; SACE; IQMS
Schools Act; NCS; EEA
— 88 —
FAMILY 3 RIGHTS: LEARNERS VS TEACHERS
Category 1: Learners have too many Category 2: Promoting the rights of
rights learners
Learners have more rights than Continuously made aware that with rights
teachers come responsibilities
Learners don't understand that Not administer corporal punishment
everyone has rights By providing quality education
Learners don't understand the Making sure that learners are taught.
responsibilities that go with their Pregnant learners as well
rights.
Make pupils aware of their limitation. No
Have a problem when rights are used corporal punishment, racial abuse, or
without the corresponding verbal abuse
responsibility
Treat all learners equally
No need to overemphasise the rights
of the learners Bullying and name calling not allowed
Listen and pay attention to the needs of my
CODES
While they have rights they must also

behave responsibly as well learners
Freedom of expression
Careful not to discriminate – careful in
what is said.
Promote mutual respect
Treated equally with respect and dignity
Treat them with dignity and respect
By providing quality education
Treat learners with respect
Promote awareness through assembly talks
No need to fear if we respect each other
Not enough is said about the learners’
responsibilities
Feel positive to teach learners their rights
I intend to understand the phenomenon from the participants’ perspective. This premise
would enable me to reconstruct the reality based on the data collected.
— 89 —
THEME
Democracy has
changed the way
teaching takes place
FAMILY FAMILY
FAMILY
Education is Rights:
Curriculum
a regulated Learners vs.
change
field teachers
Learner centred teaching
Change brings challenges
Good understanding of
Policies that regulate
Promoting the rights

Learners have too
Outcomes Based
Education Law
many rights
of learners
Categories
Categories
Categories
Categories
Categories
Categories
Categories
Education
teaching
C O D E S
(Table 5.2)
R A W D A T A
(Addendum K)
Figure 5.2: Diagrammatical representation of the interpretation of data of phase 1
5.4.3 FAMILY 1: CURRICULUM CHANGE
The three categories; “learner centred teaching”, “Outcomes Based Education” and “change
brings challenges” as depicted in Table 5.2 were clustered together to form a family of
categories. “Curriculum change” would seem an apt description of this family because it
incorporates the theme of major change that came into effect as a direct result of changes
that were made to the curriculum. It has become apparent that the participants felt strongly
that policy change around the curriculum influenced the way they taught their learners.
— 90 —
Teachers cited multicultural classrooms as one of the changes they had to manage in their
practice:
(S1:Q11:d): Yes. Schools now have learners and educators of all races integrated.
The curriculum has also changed.
(S2:Q11:d): To a large extent: when I started teaching schools were not multiracial,
they are now; now principles, policies and implementation underlying
the curriculum have changed .
The above quotes illustrate that the participants believe that while multicultural classes
were symptoms of our new democracy, the real precursor was actually the changes made to
the curriculum.
The change in the curriculum obviously created new challenges for teachers to deal with.
These challenges according to the responses were the biggest change that influenced their
teaching. Policy with regards to the curriculum has had a more far-reaching influence than I
anticipated. Teachers were now expected to teach from a new and different paradigm; a
paradigm that they were not trained for. These teachers, except for one, were trained in the
old system of education in the apartheid era. One can only begin to imagine the challenge
that these teachers face. Not only did they now have a multicultural classroom to cope with,
they also have to teach a new curriculum and if that was not enough they also have to
operate within the new Constitution and other laws:
(S2:Q16:c): Obviously the advent of a multicultural learner body has changed

things. The emergence of Life Orientation as a learning area which
involves teaching about the Constitution and human rights, democratic
process etc and is new to me – but enjoyable.
The families that have emerged seem to point to the notion that democracy has indeed
changed the way teaching takes place. The evidence gathered highlights the many changes
that the teachers believe have taken place in their profession. These changes are seen as
both positive and problematic by the teachers. This aspect will be discussed later (see §
5.4.3.3).
— 91 —
5.4.3.1 Category 1: Learner centred teaching
The question of whether they think teaching in South Africa has changed since the birth of
our democracy provided an overwhelmingly positive response as could have been
anticipated. From the 15 participants, 12 indicated that there has been a change. There was
one blank response.
(S1:Q11:a): Yes. Since democracy our syllabi have taken into consideration the
diversity of our multicultural country. Furthermore, it has allowed for
our future generation to take our past experiences and use them as
bridging stones to build a prosperous future.
(S2:Q11:c): Yes. Discipline is more of a problem than it has ever been. Paper work
and Admin takes more time. Dept of Ed. More prescriptive e.g. setting
specific tasks to be completed (LO).
(S3:Q11:e): Yes, definitely. There is a new curriculum which has changed

dramatically to OBE to NCS. The challenges are there for both
educators and pupils e.g. training of educators, re-training and
interpretation of the new curriculum.
While two responded that no change had been experienced, it could be assumed that the
one participant, who had only been teaching for the last three years, would not have
experienced any significant change because the multicultural classroom would have been
the norm rather than the exception.
(S1:12:a): As I am only teaching for the past three years, I can say that my
teaching practice had prepared me for teaching in a democracy.
Therefore have been no extreme changes.
When I take a closer look at the following response, this participant is a senior member of
staff and has been teaching for many years. He suggested that it was not really the types of
pupils in the classroom, but it was actually the principles that guide one’s teaching that
mattered. As such his principles have remained consistent and they applied to any learner
from any culture.
(S1:Q11:b): No. Principles are the same. Just more learners per class of different
socio-economic backgrounds.
— 92 —
The category of “Learner centred teaching” was scaffold by various codes, and in turn
informed the family “curriculum change.” The participants were of the view that teaching in
the new democracy had changed. One of the changes that the participants referred to was
the less prescriptive approach by the DoBE.
(S3:Q12:a): The focus is on the learner. The emphasis on continuous assessment and
not tests or exams being the method of assessment. The teacher is a
facilitator in the classroom .
(S3:Q11:a): Yes. The implementation of the Outcomes Based Education and other
changes has influenced teaching in South Africa since the birth of our
new democracy.
There is lots of room for teachers to decide on the content, especially due to different
schools having different contexts. Schools are different contextually, by virtue of them being
geographically different, serving different communities and having different levels of
resources. All these factors make schools very different from each other. The curriculum
seems to allow schools to decide on the content that would be used in order to achieve the
assessment standards as set by the curriculum and for their context. The focus is more on
the learners as the syllabus is more diverse, catering for the needs of most learners.
(S3:Q11:d): Yes. The focus is on the learner and not the teacher. Emphasis is on
learners’ acquisition of skills and values. Learning is ongoing (CA). No
regurgitation of knowledge or written tests/exams being the sole
method of assessment.
The old prescriptive methods of teaching have been replaced by new progressive
approaches. One of these moves included the moving away from examinations to more
continuous and multi-assessment tasks.
(S3:Q11:c): There have been many changes in terms of education, of policies; the
integration process, the theoretical and practical teaching strategies
and methods that should be implemented.
This implies that the learners now have more opportunity to succeed in a certain subject
because they are afforded more than one opportunity to demonstrate their competence in a
subject.
— 93 —
(S2:Q11:b): Yes. It has changed, because the old teaching methods have been
stopped. The new method of teaching makes the teaching so easy and
understandable.
All of them pointed out that there have been a shift in the way in which learners are treated;
they now seem to be the centre of education. They are treated equally and with respect and
are afforded the opportunity to be counseled when they require it. It would seem that the
participants believed that the learners are afforded equal respect, equal opportunity, and a
fair chance to succeed.
(S3.Q20:a): All learners are treated equally and with respect and dignity. Social
and healthy environment are created at school e.g. Food is provided
for needy learners etc.
With democracy came some fundamental changes to the way they taught. The most
common change cited by teachers was curriculum change, which valued the learners’ needs.
This was a more learner centred approach to teaching as opposed to a teacher centred
approach.
5.4.3.2 Category 2: Outcomes Based Education (OBE)
Even though this category seemed to overlap with the other categories, I decided to include
it as a category on its own because this thread seemed to run through most of the responses
and as such I needed to acknowledge it. OBE appears to be synonymous with change in
education.
(S3:Q11:a): Yes. The implementation of the Outcomes Based Education and other
changes has influenced teaching in South Africa since the birth of our
new democracy.
The category of Outcomes Based Education (OBE) was built on codes that dealt with the
obvious implications of the implementation of OBE. The participants felt strongly that OBE
had changed the face of teaching.
(S2:Q11:b): Yes. It has changed, because the old teaching methods have been
stopped. The new methods of teaching make the teaching so easy and
understandable.
— 94 —
(S3:Q12:b): Yes. It does not focus on examinations any more. It is learner centred.
These responses overlapped with the concept of change in the previous category and with
the overarching theme as a whole. The theory of how to teach and assess has changed
drastically with policies to enforce it.
(S1:Q12:c): Yes – courses have been developed to train teachers who specialized in
the rated 550 curriculum so that they are able to effectively deliver
lessons on the new curriculum.
The re-training of teachers has been a response that has been quoted by many participants
as a significant consequence of OBE. The diverse syllabus has also been mentioned, together
with the issue of multicultural schools.
(S1:Q11:d): Yes. Schools now have learners and educators of all races integrated.
The curriculum has also changed.
(S2:Q12:d): I feel the style and approach to teaching has not changed significantly.
The curriculum requirements are, however, different in that they are
time-consuming, onerous and pedantic in terms of paper work...
These responses and many more indicated that the participants believed that OBE had
played a significant role since democracy. The data suggested that the style and approach to
teaching had changed, with more emphasis being placed on the learner as opposed to the
teacher. There is now a learner centred approach to assessment as opposed to purely
writing examinations.
However, my data also pointed to the fact that with the positive strides in education, there
have also been challenges that teachers had to face.
5.4.3.3 Category 3: Change brings challenges
The next category that emerged was the element of the challenges that come along with the
change experienced.
— 95 —
The participants cited an increase in discipline problems; the multicultural classroom
presents challenges that previously were not a reality. The participants suggest that learners
being treated with respect, the nature of the learner and the makeup of the classroom may
have contributed to a lack of discipline by learners.
(S2:Q11:c): Yes. Discipline is more of a problem than it has ever been. Paper work
and Admin takes more time. Dept of Ed. More prescriptive e.g. setting
specific tasks to be completed (LO).
(S2:Q12:e): No – but pupils are sometimes more challenging as they no longer

easily respect elders. It takes a longer time to build up trust with
pupils.
The challenges mentioned by the teachers are indicative of the nature of the change that has
been experienced. Teachers experienced an increase in discipline problems. It can be argued
that discipline is an issue, as teachers may have felt that they were not adequately prepared
to deal with learners in a new democracy.
It would seem even more difficult to gain the trust of learners. The challenge of learners
being “pushed” through the system – being allowed to progress to the next grade, has also
compounded the discipline issue and created a sense of mediocrity as opposed to striving for
excellence.
(S2:Q11:e): Yes. Implementation of OBE, while having certain advantages, has

developed more mediocrity and a sense in pupils that they don't have
to work hard because they will pass reasonably well anyway.
The teacher, when citing mediocrity as a challenge, could possibly be caught between two
very different approaches. The first approach would be the old content based way of
teaching. If learners were able to master the content they were considered proficient in that
particular subject. The new approach is more learner centred, focusing on performance
standards. While these performance standards were prescribed, the actual content was not.
It may be argued that it is this incongruity that created a sense of frustration in regards to
measuring the learners’ achievements. Deadlines for projects, assignments and work seem
to be negotiated and there appears to be a lack of a good work ethic.
— 96 —
(S2:Q12:c): Yes. Learners expect to negotiate tasks and deadlines etc. Group work
is new to me, and I find that the more able learners don't like it – they
prefer to do their own tasks whilst the less able love it – it is easier to do
nothing.
The fact that many of the participants suggested that language may be an impediment
highlights the challenge of teaching learners in a language that is not their mother tongue, in
fact may even be their third language.
(S1:Q12:d): In some ways e.g. manner of disciplining learners, language usage in

classes as we now have learners whose home language is not LOLT
(English). Teaching style also changed.
Language posed a challenge where previously it had been a non-issue. Classrooms became
multicultural so now the teacher is confronted with a learner that no longer speaks the same
mother tongue as the class teacher. The challenge for the teacher, one can imagine, is to
cater for first, second and even possibly third language speakers, all in the same classroom.
This can be quite a challenge especially if the teacher’s training did not address these issues.
The practical implications could be that both the learners and the teachers are now
frustrated as a result of not speaking a common language. This could quite easily impact
classroom discipline.
This scenario could contribute to the frustrations of both the learner and the teacher alike.
Curriculum change, while it has been seen as positive, has also been frustrating at times.
5.4.4 FAMILY 2: EDUCATION IS A REGULATED FIELD
The conclusion that education is a regulated field has developed from two broader
categories; “a good understanding of education law” and “policies that regulate teaching”
(see Table 5.2). Many participants displayed a good understanding of education law as well
as of the many policies that regulate teaching in South Africa. Given the number of years of
teaching experience the participants have, it may be easy to conclude that their knowledge
of education law could be as a result of their experience and not necessarily from being
exposed to formal training in education law. It can also be argued that post level 2, 3 and 4
teachers may have more experience with education law by virtue of being in managerial
— 97 —
positions. However, responses of all the teachers indicated that even post level 1 teachers
demonstrated a reasonably sound understanding of education law. Teachers’ understanding
of education law illustrates and confirms that democracy has indeed changed the way
teaching takes place within our new democracy. They concentrated on the curriculum and
not education law, perhaps because they do not know education law.
The following categories helped to construct the family of “education is a regulated field”.
5.4.4.1 Category 1: Good understanding of education law
In this category, participants’ responses helped confirm the findings that they have a good
understanding of education law. Many participants mentioned the role of education law
specifically.
This demonstrates to me that the participants have developed a keen sense of education
law, due to their years of experience as teachers or managers of schools.
(S2:Q13:a): Govern the conduct of teachers in the country. E.g. Schools Act and
other relation to conduct of (among others) education departments,
educational institutions, educators, learners, parents.
The participants demonstrated a reasonably sound understanding of education law and its
practical application to their profession.
(S3:Q13:e): It means the implementation of rules and regulations and policies need
to be adhered to and could stand its ground in a court of law. The
schools and school governing body are legal entities as well as the DoBE
whereby one could be sued or charged etc.
(S1:Q13:a): Education law refers to the policies and laws that all people in the
educational sphere need to follow to ensure successful teaching and
learning practices
Their responses illustrated that there was a reasonably good understanding of what
education law was as well as what are some of the relevant policies and laws that govern
education law. Participants agreed that while education has become a highly regulated field,
there are also guiding principles that promote the culture of teaching and learning.
— 98 —
(S2:Q13:c): South African Schools Act 84 of 1996 which amongst other things, lays
down a code of conduct for learners. It also governs such things as
Governing Bodies etc.
There was evidence that the participants understood that education is regulated at national,
provincial as well as district levels. Their understanding was further confirmed by their
knowledge that rules and regulations that govern education can in fact be upheld in a court
of law.
(S3:Q13:e): It means the implementation of rules and regulations and policies need
to be adhered to and could stand its ground in a court of law. The
schools and school governing bodies are legal entities as well as the
DoBE whereby one could be sued or charged etc.
5.4.4.2 Category 2: Policies that regulate teaching
Participants were asked to demonstrate their knowledge of legislation, documents or

policies that they thought regulate their teaching. The responses that were given were
comprehensive. However, having said that, there were two responses that were
contradictory to the overall response. These were:
(S2:Q14:e): None regulates my teaching as I always work from the premise of

respect for all, and present your subject with interest.
(S2:Q14:b): Not to do corporal punishment. The learners should respect and obey
the school regulations and obligations.
The above two responses indicated that the participants may not have fully understood the
questions and as a result gave incongruent answers. Yet these answers do indicate an
understanding of the values that underpin the Constitution.
In light of response S2:Q12:e, it is interesting to note that it is from the same participant who
indicated that his/her teaching practice had not changed since the birth of our new
democracy.
(S2:Q12:e): No – but pupils are sometimes more challenging as they no longer

easily respect elders. It takes a longer time to build up trust with pupils
— 99 —
It would seem to me that this participant may be indicating that the reason his/her practice
has not changed is because it has already been or has always been informed by the
principles and values that are characteristic of the birth of our new democracy. In looking at
the biographical detail on this participant, it becomes clear that he/she is a school principal.
His/her outlook is contrary to other participants who are also principals.
Participants were able to identify the various legislation and policy documents by name. This
confirmed my assumption that teachers are highly aware of the various legislation, policy
documents and circulars that influence their teaching directly. Some of the legislation and
policy documents that were quoted were the Schools Act; department circulars; ELRC
documents; As such, it would be fair to conclude that the participants have a sound
understanding of the various policies that regulate their teaching.
When the participants were asked about their knowledge of the BoR, some of the responses
were anticipated, while some responses indicated that participants had little understanding
of the BoR. Below are examples of some of the responses that illustrated that not all
participants have a sound knowledge of the content of various legislation that governs their
profession.
(S3:Q18:a): Basic knowledge.
(S2:Q18:b): BoR gives us information about all what is required in Education.
(S1:Q18:c): The rights of the population of South Africa are entrenched in this
document. BoR states that every being has the right to whatever they
want, within reason and provided it is legal.
The data above may be surprising because one could argue that the BoR is the most
important part of legislation pertaining to human rights that ushered in our new democracy.
Further to this, it may be argued that if the participants know very little of the BoR or its
contents, then have the new legislation and policies really changed the way they teach?
The above responses indicate an overarching acknowledgement in the new democracy,

about legislation, rights and their place in education. However, when confronted with the
need for more details it appears that participants did not have an in-depth understanding or
knowledge of the legislation.
— 100 —
(S1:Q18:d): … But don't have an in depth knowledge.
(S2:Q18:e): A little.
It may be argued that these participants only have a superficial understanding as they do
know the names of the various legislation or rights, but lack an in-depth understanding of
their values and implications for their teaching practice.
5.4.5 FAMILY 3: RIGHTS: LEARNERS VS TEACHERS
The overarching principle that seemed to emerge was the notion of the conflict between
learners’ rights versus teachers’ rights. The two broad categories namely, “learners have too
many rights” and “promoting the rights of learners”, seemed to have materialized from the
data. The question that was asked was: “We are constantly reminded that learners have
rights. Describe how that makes you feel.”
This question seemed to have elicited deep concerns regarding the rights of both teachers
and learners.
Overemphasis of children’s rights and under-emphasis of teachers’ rights - specific children’s
rights were introduced in the Constitution (Constitution 1996:s28.).The content and ambit of
the rights are not always known to lay people and they therefore ascribe their own meaning
to these rights. The inclusion of children’s rights in the Constitution and the emphasis given
to them have unfortunately resulted in them being overemphasised and misinterpreted,
with devastating consequences for discipline in schools and the relationships between
teachers and learners. In fact, children’s rights are being blamed by some for the
deterioration in school discipline. Remarks by educators interviewed by Maphosa and
Shumba (2010:391-397) indicate the sentiments of teachers.
The child has more rights than a teacher. Imagine a teacher being hauled before the courts
for being accused of threatening a learner, not even beating, threatening. It shows you the
problems we face in these schools. Learners are not only aware of their rights but [are] very
sensitive to them. You only need to teach and whether these learners listen or do assigned
work is not our concern, for any attempt to deal with them is putting your future at risk.
(Maphosa & Shumba 2010:392)
— 101 —
Another teacher responded as follows when asked about children’s rights.
I believe the issue of rights has been taken too far. Learners now feel completely liberated
and as teachers we now feel powerless because the learners we teach have rights and they
know [this]. It is humiliating when you want to discipline a learner and he or she tells you in
the face that you are abusing him or her. In the eyes of our learners we are now weak as far
as maintaining discipline is concerned (Maphosa & Shumba 2010:393).
The devastating effect of these misinterpretations of children’s rights on school discipline is

evident from the above-mentioned remarks of these teachers. It is clear that they do not
really understand the content of rights. The reactions of the educators and learners suggest
that there is a misconception that any form of discipline (without specifying the measure)
constitutes an infringement of children’s rights (Pahad & Graham 2012:1112).
5.4.5.1 Category 1: Learners have too many rights
This category was constructed from the various codes which indicated that the participants
believed that learners indeed have too many rights.
(S1:Q19:d): Seems that learners have more rights than they need.
Schools/educators find it difficult to carry out many tasks as they have
to constantly bear in mind the learners’ rights.
(S1:Q19:a): This depends on the context of certain situations. For example, I

sometimes feel that learners’ rights are considered more important
than my own and many times we as teachers are side-lined.
Some participants cited that teachers were frustrated because they had fewer rights than
learners, and that learners did not fully understand the responsibility that went with the
rights they had. They also indicated that learners lacked an appreciation of their own rights.
(S1:Q19:c): Frustrated, because it seems that the learners have more rights than
the educators.
(S2:Q19:a): I have always believed this. However as they are still young, many of
them have not realized that all individual (even educators) have rights
and all learners have a right to be educated.
— 102 —
(S1:Q19:e): At times frustrated. This leads to discipline problems. Learners f[ail]
(sic) to adhere to the rules and regulations. They do have rights but also
a corresponding responsibility, which they fail to honour.
Some participants felt that there was no need to overstate the rights of the learners due to
their lack of responsible behaviour.
(S3:Q19:d): It has its place rightfully but not enough is said about the
responsibilities that go with it.
(S2:Q19:d): In total agreement, unfortunately many learners and parents don't

really understand the concepts of rights – many learners don't respect
the rights of others to learn or their teachers.
These quotations demonstrated a sense that learners had enough rights and perhaps
teachers placed too much emphasis on the rights.
(S3:Q19:a): I believe that the awareness of the children's rights is necessary.

However, I feel that it should not be over emphasized.
The frustration that seems to be displayed maybe as a result of learners not fully
appreciating or understanding their rights along with the corresponding obligations.
(S3:Q19:b): Yes, that's fine but they have to behave responsibly as well.
(S2:Q19:c): Glad that they can no longer be abused or ill-treated but anxious that
they should learn about responsibilities that go along with rights and
know that they may not infringe on the rights of others.
The overwhelming impression exists that the participants felt that learners had far too many
rights and that not all learners understood the corresponding duty of their rights.
However, it must also be noted that some participants were quite comfortable with the
notion that learners have rights and did not seemed fazed by it.
(S1:Q19:b): Good. I treat all learners as equal. With rights, responsibilities also
have to be taught.
(S3:Q19:b): Yes, that's fine but they have to behave responsibly as well.
— 103 —
(S3:Q19:c): Learners are the future leaders and must be educated in terms of the
relevance of the Constitution to their lives. There is nothing to fear if
we respect each other and have the learners’ interest at heart.
(S3:Q19:e): I feel that pupils react positively when they are taught their rights. I
am in favour of this e.g. The right to education, to be in a safe and
secure environment at school.
These responses suggested that these participants were more than comfortable with the
idea of learners having rights and corresponding obligations.
It could be argued that participants that had a superficial understanding of the various
legislation and policy documents and in particular Chapter 2 of the Constitution, the BoR.
They struggled with the unfounded notion that learners had more rights than teachers. It
could be further argued that a deeper understanding of the BoR would allow for an
acceptance of the rights of learners without measuring it up against the rights of teachers.
5.4.5.2 Category 2: Promoting the rights of learners
This category was built from responses to a few questions. These included the following:
 Q.20. Explain how you protect the rights of your learners. Use examples.
 Q.22. Explain what you think it means to be an “agent of change”?
 Q.23. Explain how you promote the values and principles of the Constitution of
South Africa?
The responses by the various participants were interesting to note and gave a unique insight
into the way teachers saw their roles as agents of change and promoters and protectors of
human rights. The category of promoting the rights of the learners was constructed on many
of the participants’ responses to questions 20, 22 and 23 of the questionnaire.
There appears to be a sense that things should be done or are being done to promote the
rights of their learners. Two things mentioned were that teachers should not administer
corporal punishment nor commit racial or verbal abuse.
(S1:Q20:b): Do not administer or support corporal punishment. Actively teach and

promote equality across race and social class.
— 104 —
(S2:Q20:a): I treat them all the same regardless of class, race, religion or parents
who are influential. I will not allow name-calling or bullying of any
kind in my classroom.
Another aspect which promote learners’ rights was the fact that bullying and name calling
was not allowed. This also means that all learners are taught including pregnant learners.
There was a strong sense that all learners must be treated equally, they should be listened to
and attention should be paid to their needs (Le Roux & Mokhele 2011:324)
Physical consequences due to bullying include headaches, bed-wetting, loss of appetite,
poor posture, and stomach problems. Absenteeism rates are higher among bullied learners,
and some even drop out of school (Maphosa & Mammen 2011:191)
(S2:Q23:c): Treat learners with respect and equally. Creating opportunity to

employ democratic processes (e.g. voting) to decide upon issues.
Allowing learners to have freedom of expression in promoting learners’ rights has come
through clearly and was qualified by statements that teachers should be careful not to
discriminate against what was being expressed. Promoting mutual respect and being treated
with dignity was also cited. A general awareness could be raised; it was felt, by assembly
talks and during Life Orientation lessons.
(S1:Q20:e): By giving advice as to what they can and cannot do. Protection
against any form of abuse e.g. Corporal punishment, racial abuse,
verbal abuse.
(S3:Q22:e): It would mean that individuals are responsible for dynamic and
positive changes in terms of creating new ideas, direction in which the
school is led. We must all embrace the change that occurs in education.
The data below confirmed the idea that the participants were aware that practical things
needed to be done so that the rights of the learners were indeed promoted:
(S1:Q22:b): As society changes from authoritarian and judgmental to a more

inclusive world view, schools and teachers must be at the forefront of
this change. Our world demands it. Old habits that are destructive are
not changing fast enough. Children will live in a vastly different world
than we grew up in.
(S3:Q22:d): Someone who initiates or carries out meaningful and constructive

changes, to some existing way of doing things.
— 105 —
“Learners’ rights versus teachers’ rights” suggests that these rights are in conflict with each
other. The fact that some of the participants felt that learners had more rights than
teachers, indicated that this remained an unresolved issue for them. Others, however, felt
that the fact that both learners and teachers have rights maybe a natural course of events.
5.4.6 SUMMARY OF PHASE 1
The data analysed in phase 1 suggest that democracy has changed the way teaching has
taken place in South Africa. The participants in phase 1, believe that curriculum change is the
most fundamental change that democracy has ushered in education. The changes mostly felt
were a shift from teacher centred learning to a learner centred approach; this was further
facilitated by the introduction of OBE. OBE presented many challenges for the participants.
These challenges ranged from learner discipline, teaching and learning methodology to a
state of constant change.
The data suggest that the participants understand that education is indeed a highly
regulated field. They seem to have a reasonable awareness and understanding of education
law along with the ability to be able to quote the various legislation and policies that
influence their teaching practice. I think that the actual understanding of some of the
practical or finer aspects of legislation maybe lacking, however; that might be an area for
further research. The participants also believe that with all of the changes experienced in
education, learners may have too many rights, and that learners do not appreciate the
corresponding responsibility that these rights may have. However, while this may be the
case, the participants also believe in promoting and protecting the rights of learners. The
research question that this phase of data collection seeks to answer is, “What are the
attitudes of teachers who have not been exposed to education law about the influence of
this subject on their teaching practice?”
None of the participants was exposed to a formal course on education law (see Addendum
R). There seems to be a consensus that democracy has changed the face of education, huge
curriculum changes have taken place and the education field has become highly regulated. It
is agreed that there has been a significant shift away from the teacher towards the learners.
— 106 —
There is an acceptance that the changes that the Constitution has brought are good but for
some it may be uncomfortable to handle. The general sense is that teaching has changed as
a result of the various legislation and policies that have been implemented. The influence
that legislation and education law specifically has had on the landscape of education is
evident and accepted by these teachers.
5.5 PHASE 2
Data was collected using questionnaires with open-ended questions (see Addendum M).
These questionnaires were completed by students from the University of Pretoria. My
sample was made up of both ACE students and BEd(Hons) students. These are actually full-
time teachers in the employ of the KZN DoBE, who were studying through Distance
Education at the University of Pretoria. For the sake of convenience, I used the Durban
contact session venue during the July holiday contact block session (see § 4.3.5b). There
were 17 participants in this phase. Ten participants were BEd(Hons) students and the rest
were ACE students. Table 5.3 demonstrates the biographical information of my sample in
phase 2 of my data collection.
5.5.1 BIOGRAPHICAL DATA
The participants’ biographical data were tabulated. The table included gender, qualifications,
post level, age, years of teaching experience and the grade taught. Table 5.3 demonstrates
the biographical information of the sample in phase 2.
— 107 —
Table 5.3: Biographical data of participants in phase 2
GENDER OF PARTICIPANTS
A Males Females Total
7 10 17
QUALIFICATIONS
B
M+3 HDE/FDE TOTAL
10 7 17
POST LEVEL
C PL1 PL2 PL3 PL4
11 3 2 1
RANGE OF AGE OF PARTICIPANTS IN PHASE 2
D 25- 29 30-34 35-39 40-44 45-49 50+ Total
0 1 6 5 4 1 17
RANGE OF YEARS OF TEACHING EXPERIENCE IN PHASE 2
E 0-3 4-8yrs 9-15yrs 15-19yrs 20-25yr 26+ Total
0 1 11 2 2 1 17
GRADES TEACHING
F Gr. 1-3 Gr. 4-6 Gr. 7-9 Gr. 10-12
1 6 6 4
Table 5.3 illustrates the biographical information of the participants in phase 2. There are
41% (7) male and 59% (10) female participants. Of the 17 participants, 65% (11) are PL1
teachers, while 18% (3) are PL2, there are 12% (2) PL3 and 5% (1) PL4 teacher. This indicates
that the majority of the participants are PL1 teachers. The average age of the 17 participants
is 40-44 years old. It can be concluded that based on the ages of the participants that all are
mature teachers who have been part of the system for many years. The majority of the
participants have been teaching for 9-15 years.
The data was analysed and the overarching theme that emerged in phase 2 was one of
education law being seen as a guiding light that provides direction and offers clarity, when
the waters become muddy.
— 108 —
5.5.2 THEME: THE LAW IS A “LAMP UNTO MY FEET AND A LIGHT UNTO MY PATH”
The data analysing process seeks to answer the research question which aims to gain a
better understanding into how teachers who are also students of education law perceive the
influence of education law in their teaching practice. As such, I hope to be able to
understand the participants’ attitudes and opinions towards education law. The
fundamental difference between phase 1 and phase 2 is that in phase 1 the participants
were teachers who have had no formal exposure to a course in education law (see
Addendum R), while in phase 2 the participants were teachers who were enrolled for a
formal course in education law with the University of Pretoria as part of an ACE or BEd(Hons)
qualification. Naturally the location of my sample is also different (see Table 4.2). The
questionnaire, that both phases one and two were given, only differed on some questions.
The different questions pertained directly to the content of the course that was being
studied. Table 5.4 provides a synopsis of my data analysis in determining the perceptions
that these students have regarding education law.
— 109 —
Table 5.4: Theme: The law is a “lamp unto my feet and a light unto my path”
THEME: THE LAW IS A “LAMP UNTO MY FEET AND A LIGHT UNTO MY PATH”
FAMILY 1 MORE TRAINING MEANS BETTER DELIVERY
Category 1: A minefield to navigate Category 2: Reasonable understanding of a
great Constitution
Learners have more rights Limited knowledge, therefore afraid
More training better delivery New curriculum and teaching methods
Great constitution with reservations New teaching styles
Difficult to apply Legislation that governs education in South
Negotiate Africa
Appropriate and relevant documents were
quoted
Have learned about the rights of learners
CODES
Aware of rights and don't want to infringe on

them
BoR
Guarantees rights
To balance rights without violating them
Glad that learners have rights
Teach learners their rights
Far too little rights for teachers
One who brings about change
By respecting the learner
Follow the school's protocol
Category 3: Knowledge is power
Know more about the Constitution
about the rights of learners
Great Constitution
Improved understanding of the law
CODES
Create harmony
Lack of knowledge
Abiding by the BoR
Teachers’ rights are set out in legislation
Include it in the teaching
Negotiate
Detention and similar punishment
— 110 —
FAMILY 2 A BALANCING ACT
Category 1: Bitter-sweet relationship Category 2: Security in the rights of learners
To actually balance fairly They must know that their rights can also be
Balance rights but still treat them limited
equally Feel good
Not to infringe the rights of the My job as a teacher to teach this to learners
learners Feel disappointed as learners don't know that
Is difficult to balance rights when with rights come responsibilities
their culture is not the same. Good
The lack of knowledge regarding The Am aware of children’s rights
responsibilities that go with their
rights Should be taught even more
CODES
Difficult to balance fairly Frustrated

Rights and responsibility go hand in Surprised that learners do not know how to
hand exercise their rights
Difficult Unhappy learners abuse their rights
The abolishment of corporal Good to have the learners’ right protected
punishment Glad that all children have the right to
Actual implementation education
Making learners understand their Bad
corresponding responsibility Relieved because learners don’t have to
experience the same discrimination that was
experienced in the past
No option but to acknowledge their rights
Table 5.4 provides an overview of the data analysis in phase 2. In analysing the data, I
intended to answer my research question i.e. trying to understand how teachers’ awareness
and knowledge of legislation and education law specifically influence their teaching practice.
All the participants in phase 2 were students who were studying education law at the time of
data collection. I intended using this premise as a platform to explore how participants of
phase 2 perceived the knowledge of legislation and education law specifically and its
influence on their practice. My analysis began with a vast amount of data collected in phase
2. There were 182 codes assigned; these codes were then reduced to five categories, which
then gave rise to two families and one broad theme.
— 111 —
THEME
The law is a lamp
unto my feet
FAMILY
More training FAMILY
means better A balancing
delivery act
Security in the rights

Knowledge is power
understanding of a
great Constitution
Bitter-sweet
A minefield to
relationship
Reasonable
Categories
Categories
Categories
Categories
of learners
Categories
navigate
C O D E S
(Table 5.4)
R A W D A T A
(Addendum K)
For the purpose of cross-referencing the responses and in order to demonstrate the link
between the code assigned and the category, I have developed the following reference
system:
A or B:Q11:e – this reference translates to:
A = Students who were enrolled for the ACE Programme or

B = Students who were enrolled for the BEd(Hons) programme
Q11 = Question number 11 (there were 28 question altogether)
e = Refers to participant e – there were 10 participants ranging from a to j
for the ACE programme and there were seven participants for the
BEd(Hons) programme ranging from a to g.
— 112 —
The three categories namely “A minefield to navigate”, “Reasonable understanding of a
great Constitution” and “Knowledge is power” were clustered together to create family 1
which is “More training means better delivery.”
Family 2 – “A balancing act” was scaffold by two categories namely, “Bitter-sweet

relationship” and “Security in the rights of learners”. These two families combined give rise
to the theme of “The law is a lamp unto my feet and a light unto my path.” My data suggest
that the participants are on a journey of discovery and learning:
(A:Q15:g): This is a way of correcting some of the mistakes that were done and
still continuing maybe because of our culture we practice it wrongly in
a school. Education law also is the rules that must [not] be violated
because you can be sued that means the end of your career
(B:Q15:b): Education law is the one that guides or control[s] anyone who is
working under the Department of Basic Education to obey it.
The two quotes above indicate that there is a journey that the participants are on. It could
be one of self-actualization for teachers who are faced with new content. I hope to use this
platform to answer my research question of how teachers who are also students’ knowledge
of legislation and education law specifically and its influence on their practice.
5.5.3 FAMILY 1: MORE TRAINING MEANS BETTER DELIVERY
This family has been built on three categories. These are “A minefield to navigate”,
“Reasonable understanding of a great Constitution” as well as “Knowledge is power.” The
words “better delivery” in “more training means better delivery” refers to an improved state
of teaching which promotes and fosters the legislation and policies that regulate education
in South Africa. This family emerges from the categories which seem to suggest that the
education landscape has developed into a minefield of rules, regulations and laws, and in
order to succeed it requires some skilful navigation by the teacher. While this may be the
case the participants demonstrated a reasonable understanding of the Constitution, which
many of them rated highly in terms of the positive impact it has had on the country as well
as education. They also have a sense that for both the learners and themselves, more
knowledge about education law might empower them. These three categories are further
unpacked in the next three sections.
— 113 —
5.5.3.1 Category 1: A minefield to navigate
Many of the participants agree that learners had more rights than teachers and that the
learners’ rights seemed to be of more importance than those of the teachers. On the other
hand some of the participants felt that learners’ newly acquired rights were a positive thing
and that learners should now enjoy them. There seemed to be a sense that having been
exposed to the content of the module of education law would place the participants in a
position to ensure better delivery in the classroom and interaction with their learners. This
essentially means that more training in the field of education law could translate to better
delivery in the classroom. This deduction is substantiated by, amongst others, the following
responses:
(A:Q17:g): A well-structured Constitution. Misinterpreted by many for selfish

gains.
(B:Q22:h): Relieved because learners don't have to experience the same

discrimination that was experienced in the past.
(A:Q22:b): [I] feel good. My job as a teacher to teach this to learners.
(A:Q22:f): Good. Am aware of children rights.
However, there also appeared to be reservations about the practical applications of

education law in the classroom There seemed to be a conflict between the values that the
Constitution upholds and its influence on education. There seems to be more legal aspects
to be considered, making teachers more vulnerable to legal action against them.
(A:Q17:c): Happy with reservations.
(A:Q18:c): Good but difficult to follow and apply.
(B:Q13:b): No more corporal punishment.
The participants seemed to believe that it was becoming increasingly difficult to apply the
rights and values that the Constitution upholds in their classroom contexts, without
compromising discipline, good work ethics and excellence. Along with this there was the
aspect of negotiating with the learners in the area of discipline, and due dates and
expectations. These challenges proved to be difficult for some of the participants. It may be
— 114 —
possible that this difficulty has arisen as a result of the transition into the new democratic
dispensation.
(A:Q18:a): Limited understanding of their limitation to their rights.
(A:Q13:b): Pupils can go to any school without being discriminated against race.
(B:Q22:d): Good to have the learners’ right protected.
(A:Q22:g): Should be taught even more.
The next category that emerged reflected that the participants demonstrated a reasonable
understanding of the Constitution.
5.5.3.2 Category 2: Reasonable understanding of a supreme Constitution
The category of teachers having a reasonable understanding of the Constitution was

synthesized from 18 various codes. These codes speak to me in a way that suggests that the
participants were aware of the great changes that the Constitution has brought about in
South Africa. At the same time it also seems that the participants had a sense of uncertainty
as to how they would effectively be custodians of the values that underpin the Constitution.
(A:Q17:f): All inclusive Constitution
(A:Q17:b): I have learnt more about rights and limitations
(B:Q15:b): Maintains law and harmony
(B:Q17:d): It protects and redresses our past
(A:Q17:a): Supreme; guarantees one's rights
A common thread appears to develop of a limited understanding of the Constitution. It is

generally accepted amongst the participants that the values that underpin the Constitution
are the same values and principles that inspired the change in the curriculum, in teaching
methods, in the way discipline is meted out, and change in teaching styles and approaches.
(A:Q17:a): Limited understanding of their limitation to their rights.
There also appears to be consensus from both the ACE and BEd(Hons) samples that while
the Constitution is central to the field of education many other relevant and applicable
— 115 —
legislation and policies also impact education. The participants were able to quote the
various documents, which suggest to me a reasonable understanding of the place of
education law within the field of education.
(A: Q13:b): Education Law refers to the policies and laws that all
people in the educational sphere need to follow to ensure
successful teaching and learning practices.
(A:Q15:d): Gives a better understanding of the Constitution
(B:Q17:a): Brought change inclusive and diverse nation
While a reasonable knowledge may exist, there is also a sense of fear or uncertainty that this
limited knowledge presents to the participants. Some feel uncertain as to when they as
teachers are actually overstepping the mark, particularly now that learners are more aware
of their rights, possibly because they are afraid of infringing the rights of learners. The
participants’ responses suggest to me that they are sensitized to the BoR and the rights that
are enshrined in it. It would appear that the conundrum they may face is the challenge of
balancing rights and responsibility (see § 5.5.4). This notion of a reasonable understanding of
the Constitution is further galvanized by some of the pertinent quotes of the participants.
I suspect that my findings in phases one and two overlap. The differences between the two
phases are that the participants from phase 2 would appear more confident and self-assured
with regards to dealing with and contextualizing the various legislation in their teaching
practice, as opposed to the participants from phase 1. Although the participants from phase
2 are also tentative in regards to the application of education law, they seem to be able to
identify the source of their insecurity and not produce a blanket reason, as is the case with
the participants from the first phase. This leads me to deduce that participants, who have
been exposed to education law, might not have developed the skill to apply legislation in
practice, but are aware of legislation and the expectations with respect to implementation.
— 116 —
5.5.5.3 Category 3: Knowledge is power
This category was built on the codes that were similar. Many of the participants suggested
that there have been far too many changes that have taken place within the education
system.
(B:Q12:b): Yes, sometimes I'm scared because there is so much of change in

education e.g. corporal punishment.
They agree that the Constitution and its values have influenced these changes. There
appeared to be a quiet confidence in the participants that while these changes were many,
they were necessary. Their knowledge of education law seemed to create a sense of
confidence, self-assurance or power, if you will.
(B:Q17:b): I feel comfortable about the Constitution because it learns (sic) me to

know more about rights and limitations.
(A:Q17:e): I feel happy [about] the Constitution because it protects educators and
learners.
The participants were able to identify aspects of the content of the module education law
and link them directly to their teaching. These included the changes in teaching methods,
the creation of harmony amongst stakeholders, being able to identify the source of their
frustrations. Their new knowledge of education law appeared to provide a lens for the
participants to look through with regards to their roles and responsibilities. Their boundaries
and limitations with regards to discipline had been a big factor.
(B:Q27:b): Follow set out procedures.
(A:Q27:f): By motivating pupils.
(B:Q20:c): Prescribes behaviour.
It is through this lens that they seemed to have a sense of empowerment. Empowerment is
not just a case of enlightenment, as to what one is entitled to or allowed to do; it is also, I
believe, an empowering experience when one knows one’s limitations and boundaries
within which one operates. This realization, it would seem, of the limitations and boundaries
— 117 —
within which participants operate, has also created a sense of confidence, self-assurance or
power.
(B:Q17:f): Knowledge is power.
(B:Q18:f): Improves understanding of the law.
(B:Q20:d): BoR is in the Constitution and has rights to protect people and balance
the imbalances of the past.
One element that does stand out is the aspect of how the participants dealt with discipline
issues. All their responses concurred that corporal punishment had no place and that
ensuring the dignity of the learner was important. One of the ways that the participants
would ensure the dignity of learners was via negotiation. This response came up frequently
from many of the participants. The whole notion of negotiating with learners was foreign to
the old methods of teaching prior to 1994, and yet the participants seemed comfortable
with the whole concept of negotiating with learners.
(B:Q27:a): Negotiate then punish.
(B:Q27:i): By letting them know [that] their rights go with responsibility.
(B:Q28:g): By motivating pupils.
One can argue this is where the difference between the participants from phase 1, and
phase 2 lies. The participants from phase 1 also acknowledged that negotiating with learners
was one of the new approaches to teaching in a democratic society. However, their
challenge with this change was evident when they grappled with issues of teachers’ rights
and a lowering of standards and expectations when following this approach. The change in
approach cannot only extend to the way discipline is meted out, it should extend further to
the way teaching, learner feedback, assessments and reporting takes place.
Participants believe that knowledge is power. The more they knew and understood about
education law, the more equipped, they believed, they were to face the challenges of their
classrooms.
(A:Q14:b): More knowledgeable about the Constitution as well as SASA
(A:Q15:d): Gives a better understanding of the Constitution
— 118 —
(A:Q17:a): Supreme; guarantees one's rights
These three categories namely, “A minefield to negotiate”; “Reasonable understanding of a

great Constitution” and “Knowledge is power” gave rise to the family of “More training
means better delivery.” It would seem that while education law could be a minefield to
negotiate, particularly within the context of a new democracy, there also would seem to be
a reasonable understanding of the Constitution and its importance. This then presents the
notion that the more knowledge the participants have with regards to education law and its
application, the more empowered they might become.
5.5.4 FAMILY 2: A BALANCING ACT
The second family, “A balancing act”, was constructed from the following two categories, “A
bitter-sweet relationship” and “Security in the rights of learners.” “A balancing act” suggests
that there are various elements that need to be balanced. Working towards a balance
suggests a give and take approach, a constant re-adjustment so that equilibrium is achieved.
5.5.4.1 Category 1: Bitter-sweet relationship
The participants seemed to reveal that they found themselves in a place of constantly
performing a balancing act.
(B:Q12:e): Yes, sometimes as a teacher I do things with negligence but at the end I
realise it is wrong. But I think it is terable [terrible] we need to be very
careful whatever we do at our daily life.
(B:Q15:c): I think education law is [a] complex field with so many challenges.
There is a need for them to balance the rights of learners with their responsibilities and
equally to balance the rights of learners against the rights of other learners, while still
maintaining fairness and without violating the rights of others. The participants suggested
that this bitter-sweet relationship or balancing act is further compounded by the cultural
diversity that exists within many of their classrooms.
— 119 —
(A:Q15:g): This is a way of correcting some of the mistakes that were done still
continuing maybe because of our culture we practice it wrongly in
school. Education law also is the rules that must [not] be violated
because you can be sued that means the end of your career.
They cited also the actual implementation of the content of education law as necessary but
difficult. The aspect of corporal punishment and alternatives to corporal punishment raised
its head as well.
(A:Q18:d): Because I'm not a lawyer, I find it difficult to handle some situations
because I don't know whether I'm violating any human rights.
These quotes above give body to the assertion that education law presents a bitter-sweet
relationship for the participants. This also enhances my sense that education law provides
knowledge but lacks ability to develop the skill of implementing legislation in practice.
5.5.4.2 Category 2: Security in the rights of learners
This category of security in the rights of learners has been interesting to note. The
participants seemed to suggest that while education law was a minefield to navigate, and
while a reasonable understanding of the Constitution existed, participants experienced a
sense of empowerment through being exposed to the content of education law, and that
while a bitter-sweet relationship may exist when it comes to balancing the rights of learners,
there was also a sense of security in the notion of the rights of learners.
This aspect speaks of a coming-of-age of the participants. There is almost a maturing taking
place because the participants, it would seem, are not insecure in the fact that learners do
have rights and that their rights are of paramount importance. There is almost a sense that
these rights need to be celebrated in the classroom and that becomes the responsibility of
the teachers.
(B:Q18:f): I have been made very much aware that every learner is capable of
learning, as well as to take care of the individual differences. I have
also learned that their rights should not be infringed as well as mine.
— 120 —
(B:Q22:a): Yes they must have rights but they must know that their rights are
limited.
(B:Q22:b): I feel good but it is my responsibility as an educator to teach rights and

responsibility to my learners.
(A:Q23:c): All learners in my class are treated equally by drawing class rules that
will be accommodating all learners in terms of sex, gender, age, etc.
(A:Q23:e): By not embarrassing them, by obeying[respecting] his or her privacy.
(B:Q23:f): I respect them and I usually communicate with them before I do

anything that we want to do.
5.5.5 SUMMARY OF PHASE 2
The major theme that seems to have emerged in this phase is “The law is a lamp unto my
feet and a light unto my path.” This encapsulates the essence of my findings for phase 2. The
participants acknowledged the challenges that legislation and education law specifically
presented to them while understanding that knowledge of the law is like a lamp that
brightens one’s path in a dark night. However, there is the bitter-sweet relationship that
exists. There is a tension that needs to be managed, one of education law being a positive
change with respect to teaching practice and on the other hand the degree of accountability
that the law places on participants.
This now leads me on to the 3rd phase of my analysis, which is discourse or text analysis. In
this phase examination transcripts, of student teachers from the University of Pretoria were
analysed in order to answer my research question (see § 1.5).
5.6 PHASE 3 (A AND B)
Phase 3a involved the analysis of examination scripts of the participants from phase 2.
5.6.1 PHASE 3A – DOCUMENT ANALYSIS (DA)
In this phase I conducted a document analysis of past examination answer papers. I first
determined what document analysis entails. The study of discourse is the study of any
— 121 —
aspect of language use (Fasold 1990:65). Thus, the terms “text” and “discourse” are
sometimes used to mean the same and therefore one might conclude that text analysis and
document analysis are the same, too. Slembrouck points out the ambiguity of the term
“document analysis” and provides another broad definition:
The term document analysis is very ambiguous. I will use it in this book to refer mainly to
the linguistic analysis of naturally occurring connected speech or written discourse.
Roughly speaking, it refers to attempts to study the organisation of language above the
sentence or above the clause, and therefore to study larger linguistic units, such as
conversational exchanges or written texts. It follows that document analysis is also
concerned with language use in social contexts, and in particular with interaction or
dialogue between speakers (Slembrouck 2005:1).
Broadly speaking, discourse analysts investigate the use of language in context; they are
more interested in what speakers/writers do, and not so much in the formal relationships
among sentences or propositions. Document analysis has a social dimension and for many
analysts it is a method for inquiring how language “gets recruited ‘on site’ to enact specific
social activities and social identities” (Gee 1999:1).
5.6.2 DATA COLLECTED NOT SUITABLE FOR ANALYSIS
After consulting many sources on the topic of document analysis, I came to realise that using
document analysis was not the ideal approach in respect of analysing the data that I had
collected from the exam scripts from both BEd (Hons) students as well as the ACE students. I
began to discover that my data was not sufficiently rich and it was limited in its context. The
audience was obvious (the examiner), and as such the students would seek to tell the
examiner what he wanted to hear because of the implications it had on them passing or
failing. The data either reflected the students’ knowledge of the study guide or lack thereof.
No understanding was evident, due to the nature of the questions that were selected for
analysis. There appeared to be no social or cultural context as the participants sought to give
the examiner the right answer from the study guide and not from their personal context. The
data collected for document analysis could be considered to be contrived. This in itself was
an indication that the participants were not empowered to apply the law in practice even
after successfully completing the module on education law.
— 122 —
As a result of the above observations, it became clear that this type of data analysis would
not assist me in answering my research question. I had to reassess my approach to analysing
the data collected and decided to put it aside in pursuit of more data.4
5.6.3 PHASE 3B – THE GROUP INTERVIEW
Freitas, Oliveira, Jenkins and Popjoy (1998:22) suggest that the application of the group
interview allows for the collection of an appropriate amount of data in a short period of time
and that some of the information gathered during the session is potentially of great worth,
because it was collected with great difficulty through the simple observation of reality. They
go on to argue that this research method is appropriate for generating ideas for
investigation or action in new fields, as well as for generating hypotheses based on the
perceptions of the participants.
Understanding the advantages and disadvantages of a group interview aided my decision in

selecting this method of data collection. Table 5.5 succinctly lists the advantages and
disadvantages.
Table 5.5: Advantages and disadvantages of the Group interview, based on Krueger
(1994) and Morgan (1988)
Advantages Disadvantages
 It is comparatively easier to drive or  It is not based on a natural atmosphere
conduct  The researcher has less control over the data
 It allows to explore topics and to generate that are generated
 hypotheses  It is not possible to know if the interaction in
 It generates opportunity to collect data group he/she contemplates or not the
from the group interaction, which individual behaviour
concentrates on the topic of the  The data analysis is more difficult. The
researcher’s interest interaction of the group forms a social
 It has high “face validity” (data) atmosphere and the comments should be
interpreted inside of this context
 It has low cost in relation to other methods
 It demands carefully trained interviewers
 It gives speed in the supply of the results
 It takes effort to assemble the groups
(in terms of evidence of the meeting of the
group)  The discussion should be conducted in an
4
It was at this stage that I decided to conduct a group interview and abandon the data from the document
analysis. The planning and execution of the group interview thus began. Therefore it was not included in
chapters 3 and 4.
— 123 —
 It allows the researcher to increase the size  atmosphere that facilitates the dialogue
of the sample of the qualitative studies
Even though there are disadvantages, the use of this method allows for the collection of
interesting and useful data, which will contribute to a stronger conviction on the part of the
researcher as it is a good source of information for the formulation of hypotheses or for the
construction of frameworks (Freitas, Oliveira, Jenkins, & Popjoy 1992:5).
Group interviews capitalises on communication between research participants in order to

generate data. Although group interviews are often used simply as a quick and convenient
tool to collect data from several people simultaneously, group interviews mainly use group
interaction as part of the method. This means that instead of the researcher asking each
person to respond to a question in turn, people are encouraged to talk to one another,
asking questions, exchanging anecdotes and commenting on each others' experiences and
points of view. The method is particularly useful for exploring people's knowledge and
experiences and can be used to examine not only what people think but how they think and
why they think that way (Kitzinger 1995:299).
I realized that a group interview would benefit my research because the interaction between
the various participants could highlight the participants' attitudes, priorities, language, and
framework of understanding, as well as encourage the participants to generate and explore
their own questions and develop their own analysis of common experiences in their unique
teaching experiences. At this point I had to arrange a group interview, which had three
simple stages namely, planning, conducting the interview and analysis. These stages are
mapped out below.
5.6.3.1 Planning
 My primary aim at this stage of my research was to attempt to answer my second

research sub-question which is: To which extent do awareness and knowledge of
legislation and education law specifically influence practice for teachers who have
been exposed to education law?
— 124 —
My focus group would be made up of both present as well as past students who have
successfully completed their ACE or BEd(Hons) qualification, so I obtained a data base of
3400 students from the University of Pretoria, Distance Education Programme (see
Addendum N). I systematically worked through the list of names and narrowed the list down
to 8 participants. The criterion I used was one of convenience as I wanted to invite only
students who lived within the Pietermaritzburg area. Initially it seemed that this would be a
simple task as I had a large sample group to draw from.
In inviting the participants, I contacted them telephonically and clearly indicated the purpose
of my research and the details around the focus group. I decided on a date and time after
talking to a few of the participants. I further communicated via sms and email. Eventually
out of the 8 participants only 4 responded positively and indicated that they would be part
of the group interview. The others whom I contacted declined for various reasons such as
lack of interest, lack of time or no longer living in the Pietermaritzburg area.
Of the four expected participants, only two arrived to the group interview. I decided that the
interview would still go ahead, in spite of the numbers.
5.6.3.2 The interview
With all the participants informed of the date and venue of the interview, I made final
preparations for the venue, to ensure the participants would be comfortable. This included
attending to the seating, refreshments, audio recording equipment, pen and paper as well.
The questions were formulated in advance, and were extrapolated from my research
question, trying to make sure that my research question would be able to be answered.
There were 12 open-ended questions drawn up (see Addendum O). I facilitated the group
interview going through the various questions. There are audio recordings of the interview
(see Addendum P) as well as a transcript of the recording (see Addendum Q).
— 125 —
5.6.3.3 The data analysis
Production of the transcriptions and analysis of the data is a slow and time consuming
process. I decided to follow Krueger’s (1988:114) suggested method of analysis, that is, the
focus group researcher should consider the following five factors:
1. Consider the words: The researcher should consider both the actual words used by
participants and the meanings of those words.
2. Consider the context: The researcher should examine the context by identifying
the "triggering stimulus" for a comment and then interpreting the comment in light
of the context or stimulus.
3. Consider the internal consistency: Participants often change or reverse their
positions. The researcher should note when there is a shift in opinion which is
relevant to the purpose of inquiry.
4. Consider the specificity of responses: Researchers should give more weight to
responses that are specific and concrete rather than those that are vague and
ambiguous.
5. Find the big ideas: Big ideas emerge from "an accumulation of evidence – the
words used, the body language, the intensity of comments, rather than from
isolated comments" (Krueger 1988:116).
Byers and Wilcox (1991:75) suggest that the researcher should not get caught up in counting
the number of times something is said; rather, look for patterns.
5.6.4 THEME: AN ONGOING JOURNEY
In analysing the data collected from the group interview, I hoped to be able to answer my
research question i.e. trying to understand teachers’ awareness and knowledge of legislation
and education law specifically and its influence on their practice, bearing in mind that these
participants have been exposed to a formal education law module. This, therefore, will set
the platform to be able to explore how teachers’ awareness and knowledge of legislation
and education law specifically influence their practice. My analysis began with a vast amount
of data collected from this new phase 3. Hundred-and-seven codes were assigned; these
— 126 —
codes were reduced to 30 categories, which then gave rise to one family and one broad
theme. Table 5.6 provides a snapshot of the analysis process.
For the purpose of cross-referencing the responses, in order to

demonstrate the link between the code assigned and the
category, I will simply use the line numbers of the transcribed
interview (see Addendum O).
Table 5.6: Theme: An ongoing journey
THEME: AN ONGOING JOURNEY!

FAMILY 1 THE EVOLVED TEACHER
Category 1: Tentative change Category 2: The “spine of education”
From teacher to facilitator Governs all aspects of our profession
Cascading of information to facilitating Provides a legal framework
content Creates harmony
CODES
“Jug mug” theory challenged Synonymous with the Constitution

Exam orientated to life application
Thinking became unrestricted
Agents of change
Changed Constitution equals changed
teachers equals changed country
Category 3: The challenge of discipline Category 4: Core values, conflicting
values
Your limits are set but sometimes the Human dignity
boundary lines are blurred Education despite being pregnant?
It’s down to taking your chances! Values are caught not taught?
Old guard versus the new approach Inner conflict
CODES
Learners help set their own rules Anger management

Alternate means of punishment and their Temper does tempt!
challenges
Code of Conduct – The good and the bad!
Deterrent and remedial practices
Can the real parent stand up?
To build or destroy
The academic puzzle that steered my research was to determine to which extent does
legislation and education law specifically influence practice for teachers who have not been
exposed to education law? As well as to the extent which teachers perceive practice change
due to exposure to education law?
— 127 —
Therefore I seek to explore the realities the participants construct in their perception of the
influence of education law on their teaching practice.
THEME
An ongoing
journey
FAMILY
The evolved
teacher
Category Category Category Category

Tentative The “spine of The challenge Core values
change education” of discipline and conflicting
values
C O D E S
(Table 5.6)
R A W D A T A
(Addendum J)
— 128 —
5.6.4.1 Family 1: The evolved teacher
The four categories; “Tentative change”, “The spine of education”, “The challenge of
discipline” and “Core values and conflicting values” as depicted in Table 5.6 were clustered
together to form a family of categories.
(Line 26): Although it was a change of the curriculum, but it was of democracy
there was a need to change the curriculum. So although it was the
curriculum that was driving that process but behind that curriculum
was democracy.
“The evolved teacher” would seem an apt description of this family, because it incorporates
the theme of major change that came into effect as a direct result of changes that were
made to the curriculum as a result of democracy.
5.6.4.2 Category 1: Tentative change
The data show that while education has experienced change since the inception of
democracy, the change was not as well managed as it perhaps could have been. The
participants felt strongly that policy change around the curriculum influenced the way they
taught their learners directly. There had to be a moving away from the old approach to the
new.
(Line 91): You couldn’t go on with your traditional style of teaching, like the jug-
mug theory.
So while their teaching methods and style have had to undergo a transformation, they also
acknowledged that these transformations have led to a misunderstanding of their role as
teachers.
(Line 31): I think the role of the educator [teacher] created a kind of uncertainty
because now you didn’t know your role properly; you were a
facilitator.
(Line 42): People misunderstood the facilitator as being a silent role player.
— 129 —
The quotes above demonstrated that they understood that a change needed to occur, but
they were uncertain as to how it may have translated practically to their classroom practice.
While they understood the importance of teaching, so that learners are prepared to fulfil
their place in society, they also admitted that the crossing over from “assess for
examinations” to teaching “skills and values” has been a treacherous road.
(Line 126): Ja, and to add upon that, you know, even syllabus prior to 1994, there
were syllabus that were leading the teacher what to do, when, how and
so on and so on. But post 1994, syllabus were no longer there but you
were using teaching, you know, and we told that we that we have to
teach about the environment of the learners so that the learner can
understand better and associate what you are teaching to what the
learner sees in the environment. That brought that change to our
teaching style.
(Line 116): How it applies in practical was not there.
The major change, that is the shift from merely teaching content and ensuring that learners
were able to reproduce the same during an examination to skills, knowledge, values and
attitude, became the focal point. However, that in itself, presented challenges for teachers.
The absence of a syllabus was one of the reasons cited as a challenge. According to
Outcomes Based Education (OBE), teachers were given milestones for learners to achieve,
without the prescribed content. This in effect translated to the teacher being the resource
person at the school. While this during its inception sounded great, the reality was, teachers
were not adequately prepared to deal with such autonomy. Some teachers from well-
resourced schools seemed to handle the autonomy better and it was even welcomed.
However, for the vast majority of South Africa’s under-resourced schools this autonomy was
a challenge.
(Line 58): You see the Constitution and the democracy, the democratic principle
was participation. So you were tempted to get the learner
participation but unfortunately, if you look at the activities, even in
the textbooks and so on, they were beyond the resourcefulness of our
learners and therein came the difficulty in the teaching practice.
— 130 —
(Line 170): … you see it depends on where your school is. If you are out in the
rural areas, you will become the resource person, you will have to
provide the resources and inevitably, you suddenly found yourself at
times, really doing the traditional teaching because of the basis that
you want to provide them with content that they couldn’t get
anywhere else.
The code of “Changed Constitution equals changed teachers equals changed country”
demonstrates the value that underpinned the participants’ values. They understood the
need for the country to transform and as such education must transform.
(Line 421): So effectively, my understanding is if we are to achieve that

transformation that we expect to achieve in this country then I think,
as educators, we have a major role to play in that to bring about this
change, because to equip our young ones would become the future
leaders who would help to move this change as it enshrined in our
Constitution.
It is evident that the participants understood the link between the Constitution,
transformation and education.
5.6.4.3 Category 2: The “spine of education”
A spine is seen as a component that plays a crucial role in keeping the body upright and
houses the all-important spinal cord. A healthy body would have a strong spine. One
participant used the spine as a metaphor to describe the significant role education law plays
in education, calling it the spine of education.
(Line 201): So to [in] my view, education law is very important. I can say its really
a… I don’t know how I can put it but the spine of education.
For the education system to be effective or healthy, if we use the body analogy, then
education law has to play an intricate role in it. The participants agreed that education law is
legislation, policies and procedures that govern education and everything involved in that
arena.
— 131 —
(Line 181): To me it will be the law that governs all aspects of policies, practices
and procedures related to education. That is it’s very broad but
obviously it’s narrowed down to laws applicable in school situations, in
the institutions of higher learning, right down to individuals, as
learners, as educators, that would be education law, everything related
to education in its various forms.
They were careful to point out that without education law, harmony will not exist. Confusion
will reign and teachers will not be confident in dealing with matters such as discipline. The
security of boundaries, that aspects of education law provide, is needed in order to foster
harmony.
(Line 204): Law creates order and the order that is created in education is by
education law.
(Line 251): I think the boundaries have been set in terms of our Constitution being
the supreme law of the land and often, you know, you are caused to
halt in the process of your action, you know, it just brings you back to
order…
It is evident that the participants understood the role of education law in their teaching
practice. They talked about the Constitution and its values that underpin the other
applicable policies of education.
(Line 215): It helps educators to see that the law of education is embedded to the
supreme law of the country, you know, ja. So it has become easier for
the teacher to know the relationship between education and the law of
the country. Because, basically people, when you are speaking about
the laws people think of the Constitution.
(Line 228): I can’t exactly quote. In the Constitution, if I remember very well, it is
all the values of the Constitution.
They talked about the implications of knowing the law and how that becomes your
conscience when dealing with learners, how the law restricts their behaviour so that the
rights of their learners are not violated.
(Line 279): I have to be careful of how I express, lest I transgress and break the
law, so that I am, very selective in how you deal with things, even in
how you approach a lesson, as much as you may be tempted sometimes
— 132 —
to tell them in no uncertain terms where to jump off, but you got to say
it in such a way that you don’t get yourself into trouble.
Their teaching practice has been influenced by their knowledge of education law, in how to
respond in situations when dealing, for example, with disciplining a learner. The apparent
challenges that were experienced while disciplining learners were also highlighted.
5.6.4.4 Category 3: The challenge of discipline
The category of “The challenge of discipline” has emerged. It was evident during the group
interview that the issue of discipline struck a nerve with the participants. The context of the
participants’ schools certainly has a bearing on their experience. Their schools, it would
appear, are at two ends of the spectrum. One is a deep rural school with 12 staff members
with about 480 learners ranging from grade R to grade 9. The other is an urban school, which
ranges from grade R to grade 12 with almost 1500 pupils and a staff complement of almost
60. While there is an obvious difference between these schools, it was interesting to note
how similar their concerns were around the challenges of disciplining learners.
(Line 829): The challenge that we face is, you know the level of reprimand and as
much as we know the areas we can’t encroach and so on. Where do you
stop with certain learners? Where do you stop? Because the level
sometimes, you know as suggested by the Department of Basic
Education doesn’t work and then you want to introduce some of your
own that is not indicated as a criminal offence or anything but you not
quite sure whether, you know. As much as we’ve done this course on
Educational Law, I don’t think we have gone so in-depth to the law
itself to know every word there, we could just be misunderstanding a
word and we could get our self in trouble and I tell you, that has been a
challenge because the children’s rights has taken precedence and
unfortunately their responsibility has not been emphasized like that, so
when they don’t carry out what I believe is their responsibility and it is
said then, why should you have a right if you don’t have the
responsibility that goes with the right? And that sometimes, I find it
difficult to work with.
(Line 551): …you don’t send the child outside the classroom because you will defeat
the very essence of education and you will be in violation.
— 133 —
(Line 849): It’s a difficult task. As I said earlier. You know, to search someone, you
must have reasonable suspicion but we also know that a person can
carry a dangerous weapon to school and what the face looks like could
be a great deal of innocence but what’s hidden on them could not be
innocent it could be a serious contravention. Whilst it’s really difficult,
basically, it’s down to taking your chances.
“Taking your chances” is indicative of the insecurity that the participants experienced when
dealing with discipline issues and matters of searching, in particular. The issue of using
alternative forms of punishment as opposed to corporal punishment was raised but along
with that was the concern that these alternative forms of punishment do not always
produce the desired results and this is where the tension arises. The need then is to do more
in order to produce the desired outcome. This, more often than not, leads to issues of
violating the rights of the learners. When conducting searches, for example, the question
about what constitutes reasonable suspicion is asked.
The matter of balancing the rights of many against the rights of an individual is a cause for
concern. The participants acknowledged that there are means to circumvent these
challenges. One such means is the approach of allowing learners to be part of the process of
drawing up the class rules or code of conduct.
(Line 758): When we initially drew up the code of conduct a good number of years
ago, we had a far more actively involved parent body; it was like a
novelty for parents to get involved from the parent body or learners
from the representative council of learners. It is a combined school
grade R to grade 12 so there was learner participation. The nature of
the school, the participation was only from grade 8 upwards and their
representatives, and surprisingly the contribution [which] they made,
were far more stringent on their code of behaviour than we thought.
While the Schools Act makes provision for the procedure of drawing up the code of conduct
for a school, the code of conduct itself does not enforce the desired behaviour. Parents,
especially, need to support the teachers and school in ensuring that their child upholds the
school’s code of conduct for learners. The apparent lack of support compounds the discipline
issue.
— 134 —
(Line 924): The parent has missed their role function, right, the parent will only
appear, as some of you guys may agree, if you administer some form of
corporal punishment, that’s the only time you will see the parent. Also
some times the parent registered the child and the next five years you
will call any amount of parent meetings and so on, you won’t see that
parent again so the parental role. I think that’s the other thing…
The challenge of the lack of parental support can be exacerbated by ineffectual discipline
methods. In order to overcome this, teachers need to come up with creative alternate
measures of discipline.
(Line 641): For example, Neelan, a learner who has not completed his or her work,
okay, I don’t shout at the learner, because number 1, that is sort of
verbal abuse, you know, I don’t shout at but I simply talk or discipline
the learner politely and when it comes to, for example, break time, I
say to the learner, no ! you won’t go break because you have to
complete the work. Yes of course, there is no learner who likes to stay
in the classroom when the others are playing outside. So I simply
discipline a learner like that.
These alternative measures may not always be successful due to various reasons. The
success or failure of the discipline being meted out will certainly contribute to whether the
teacher feels confident or not in dealing with discipline issues.
(Line 728): We also use another form of deterrent more than discipline, where, you
know we announce for the person and you don’t want your name to be
heard, you know, report to your teacher, you know, we are asking you
to report to your teacher, we not violating your rights.
It would appear that one of the coping mechanisms that teachers employ is putting
deterrents in place, that hopefully discourage inappropriate behaviour. Naming and shaming
is one such deterrent used by the school of one of the participants. It appears to be out of
sheer frustration, that these types of deterrents are used. They are not seen by the
participants as being in direct violation of the learners’ rights. This, however, indicates a lack
of application of legislation in practice, as this is tantamount to a violation of the right to
human dignity.
— 135 —
5.6.4.5 Category 4: Core values, conflicting values
This category highlights the inner struggle that teachers may experience, which is one of
understanding the values that underpin the education system, but personal values and
convictions sometimes come into conflict with them.
(Line 803): Me, personally, Neelan, I have studied educational law as [my
colleague] has said but that temper, still having difficulty in controlling
temper. You know sometimes learners are challenging you in a way
that you become so angry you know. The main problem I am still
struggling at is just to control temper because I know that it can result
me to some difficulty, you know that’s the main.
While this conflict may exist, the participants agreed that succumbing to such personal
values and convictions actually means transgressing the law!
(Line 796): … I must lay emphasis on this particular educational law course. I
think, I always know that I am now within my grounds, I am not
afraid but unfortunately, many others that have not done this
transgress it because I would say lack of knowledge.
(Line 816): No Neelan! No, I know that when I am doing this I am breaking the
law. As a person who has been studying education law as we have said.
But the problem is the degree that you are controlling yourself. Because
you might find yourself, what, slapping a learner, you know.
5.6.5 SUMMARY OF PHASE 3B
The data analysed in phase 3b suggest that the participants may have evolved after studying
education law. There has been a process of systematic change.
(Line 962): … it became clear to me that I have to act according to the rules and
regulations…
(Line 970): Well you know amongst the various legal principles that I have been
taught, but what this particular course did for me was to get me in my
frame, I knew my boundaries. I knew exactly when I should stop and
what I could do, not only with the learners, also amongst the educators
because you know when you are infringing the rights of a colleague
and you know how you should address him or her and how you should
— 136 —
deal with matters, particularly dealing with the various aspects
related to education.
There was a distinct confidence about the participants’ responses. This confidence comes
from their exposure to education law as a module during their studies as well as, I believe,
from them “being in the field.” The main theme that emerged is one of an ongoing journey,
a state of continually changing and adapting to the landscape of education.
(Line 977): ...but one thing I must say, that factor of empathy has come out in the
process of the educational law made us also aware that there is another
side to the problem and it’s important to listen to the other side,
because, take for an example, a learner hasn’t done a piece of work,
you know, it’s very easy to get very offended and lose your composure
but here’s a learner whose had difficulty there at home and had to take
care of an ailing granny and didn’t do it. I mean, no child is going to
leave an ailing somebody and somebody close to them and sit down and
do a piece of work that I have assigned, so that is the factor. I have
learnt that there is far more than we just see, you got to be a listener,
you got to be a very good listener. You listen and understand and when
you listen and understand it helps to change your perspective and very
quickly, the law will follow, but then you realize, if I listen, it allows me
an opportunity to implement what is legal and not to go into what is
illegal.
This quote above demonstrates the change. It illustrates the application of their knowledge.
Having studied education law is one matter, but being able to apply it to real life situations is
another. This is certainly a case of an ongoing journey, learning, and development of skills
and competencies.
Change for the participants was inevitable, difficult and in some instances costly.
(Line 241): Neelan, if I may [say] something, from my mistake, you know because
of neglecting the Constitution of South Africa. One day I used corporal
punishment upon a learner and I was charged for that, Neelan, I was
charged for that!
It is evident that the participants were convinced that being exposed to the modules of
education law had indeed aided their teaching practice. Knowing the laws that pertain to
education has made a difference in their teaching practice.
— 137 —
(Line 962): Ja Neelan. Number 1, it became clear to me that I have to act
according to the rules and regulations, whatever I am doing. For
example, we have been talking about disciplinary actions.
(Line 1014): I think confident and empowered, empowered in the sense that, you
know, we are able to discern right from wrong. Infringement or non
infringement. We can, it’s not just a matter of standing your ground,
you can substantiate from a resource and refer people to certain things
which, I think without the course, otherwise, you know ordinarily one
won’t go and read the whole aspect but here, by doing this course, we
are exposed to relevant legislation, and so on, case study, scenarios,
circumstances, I think we have become better equipped for classroom
practice, better equipped for advising and guiding, better equipped to
deal with situations that may be beyond, you know, we would serve as
the calming effect in the storm..
If education law promotes peace and harmony in the education arena, then these teachers
could certainly “serve as the calming effect in the storm” in their teaching practice.
5.7. CONCLUSION
In this chapter, data from phases 1, 2 and 3 were analysed and discussed. Phase 3 had to be
expanded to include a group interview (see § 5.6.3).
Evidence pointed to the participants having a convincingly good awareness and

understanding of legislation and education law specifically. Participants have developed a
keen sense of education law as a result of their years of experience as teachers or managers
of schools and, as such, participants were able to name the corresponding legislation and
policy documents.
Participants expressed the feeling that learners have far too many rights and that not all
learners understand the corresponding duty of their rights. However, it must also be noted
that some participants were quite comfortable with the notion that learners have rights and
did not seemed fazed by it.
— 138 —
The challenges that education law presented to the participants were keenly noted.
However, they were also aware that education law is like a lamp that brightens one’s path in
a dark night. There is a bitter-sweet relationship that exists. There is a tension that needs to
be managed, between education law being a positive change with respect to teaching
practice and the degree of accountability that the law places on participants.
In the next chapter, my findings will be discussed through the lens of the literature review
done in Chapters 2 and 3. I will also put forward various hypotheses and make suggestions
for further research.
---oOo---
— 139 —
Chapter 6
Conclusion and Suggestions
6.1 INTRODUCTION
This chapter gives an overview of the inquiry. The purpose of this inquiry was to provide a
qualitative perspective on the research question which was “To which extent do awareness
and knowledge of legislation and education law specifically influences teachers’ practice?”
(see § 1.5).
My research approach was encapsulated by Williams:
Though researchers seek truth, it is often not a matter of truth about the way things
actually is, but instead the truth of how people see them. Quite often there is no ‘right’
answer and often we are simply interested in views and attitudes (Williams 2003:54).
Therefore, my aim was to understand the meaning that people constructed about their
world and experiences and thus to make sense of it. The meaning that each person attached
to his/her experience, of how study or not studying education law has influenced their
practice, was different and unique to him/her and meant that a single reality does not exist
(see § 1.9.1). This research was inductive by nature.
6.2 OVERVIEW
In order to answer my research question, I decided to use 3 data collection instruments,

which was increased to 4 due to the challenges that were experienced (see § 5.6.3). In my
journey in answering the research question, I looked at the supremacy of the Constitution
and the BoR with regards to the implementation of human rights. I also anticipated a change
in the attitudes of teachers through the acquisition of knowledge. I examined the
importance of education law as a subject to be included in teacher training programmes. I
embarked on a case study for which I would collect data in three phases in an attempt to
understand the extent that awareness and knowledge of legislation and education law
specifically influence teachers teaching practice (see § 1.9.1).
— 140 —
 Phase 1
Questionnaire – 20 teachers from the Lions River district who have not been exposed to any
education law module (see Addendum R).
 Phase 2
Questionnaire – 10 distance education honours students attending the Durban venue as
they have just completed the education law (OWR 721) module, as well as 10 distance
education students in the Advanced Certificate in Education programme for their education
law (EDL 401) module.
 Phase 3a
Document analysis of examination answer papers of the EDL 401 and OWR 721 modules to
determine if the way students answer the case study correlates with their attitudes. This was
abandoned due to the quality of data collected.
 Phase 3b
Group interview with graduated UP students who were successful in completing the
education law module.
I used a process of reduction which is an effective tool to manage the data collected (see §
5.3). Therefore, the data management strategy for this inquiry included transcribing the data
from all three phases. The data was coded, categorized, grouped into families so that distinct
patterns would emerge.
In Chapter 1 the rationale for the inquiry was constructed (see § 1.3), which was, as a result
of South Africa becoming a democracy, that education law has become prominent in South
Africa. Thus more and more teachers are being exposed to the theory of education law. I
focused on determining if studying education law influenced teachers practice.
In Chapter 2, I described the scope of the literature studied and set out the different phases
of data collection (see Figure 2.1). In Chapter 3 the role of education law in Teacher
Education and Training was explored. Dietz's four levels of learning provided a useful
framework for analysis (see § 3.3). Reflection was seen as pivotal to the learning process,
— 141 —
and was viewed as a strategy to assist teachers in raising their awareness of their own
learning (see § 3.5). In Chapter 4 the research design and methodology was set out, while in
Chapter 5 the data and findings were discussed.
6.3 TRUSTWORTHINESS
The questionnaires used in both phases 1 and 2 were sent out to various experts in the field
for their input. This would have removed any bias in my questions. In phase 1, objectivity
was ensured when the principals of the five sampled schools chose teachers on their staff to
complete the questionnaires. In phase 2, I had no control over who would be present at the
Durban contact session and this aided the objectivity of my research. In respect to the
examination scripts in the third phase, I had no influence over who would register to write
the EDL 401 and OWR 721 modules at the Durban venue. My research is underscored by a
post-modern approach, as I do not believe in an objective world. People create meaning as
they interpret real life, giving their own truth to their understanding of their world (Denzin &
Lincoln 2002:178). In the group interview, I made a point of summarising what the
participants discussed, then checked my interpretation with the participants and made
adjustments. The transcript was verified by the participants as well. I gathered data from
four sources during the three phases. I used crystallisation (Ellingson 2009:12), among the
three phases of data and data collection instruments in order to validate the data and its
findings. The reality of having similar themes and patterns emerge in the three phases is the
chief aspect of crystallisation in my research (Richards 2009: 44).
My position was one of induction with knowledge being generated through the experience
of those teachers. Their realities and attitudes were different, and I attempted to
understand and interpret their realities and perceptions, which was the core purpose of my
inquiry and to answer my research question which is: To which extent do awareness and
knowledge of legislation and education law specifically influences teachers’ practice?
6.4 MAIN FINDINGS
In the sections below I will discuss the findings of my research. These will be discussed in
their various phases, namely phase 1, 2, 3a and 3b.
— 142 —
6.4.1 PHASE 1 – MAIN FINDINGS
In phase 1, a sample of teachers from schools within the Lions River District completed a
questionnaire. At each phase of the data collection process, the data was transcribed, coded,
categorised, put into families which then built into main themes. I will discuss the findings
according to their phases and then take a holistic look at all three phases. I have categorised
my findings according to the three families of categories for phase 1 (see Table 5.2).
6.4.1.1 Curriculum change
The starting point to determine the influence of education law is at the transition of South
Africa into a democratic country. Curriculum change is the most significant change
participants have experienced. Teaching and learning have been transformed from the old
approach, which paid little or no attention to the importance of human rights, to an
approach that is wholly underpinned by human rights.
The change in the curriculum created new challenges and expectations for teachers to deal
with. Policy with regards to the curriculum has had a more far-reaching influence, as
teachers were now expected to teach from a new and different paradigm that they were not
trained for, a paradigm of the learner being the centre of the teaching and learning
continuum and no longer the teacher.
Multicultural classrooms have placed an even greater responsibility on the participants to

ensure that the rights of their learners are not compromised. Being able to function within a
multicultural classroom was a challenge as they had no training that had prepared them for
this new setting. My findings are emphatic that democracy has indeed changed the way
teaching takes place for the participants in this phase.
The change in the curriculum to one that values the rights of all stakeholders created a new
working environment for both the learners and teachers. It was anticipated by the
participants that with change comes challenges. These challenges from multicultural
classrooms, to curriculum change, to discipline in the classroom were expected, however,
— 143 —
the frustration remained that the participants perceived that they were not adequately
prepared or trained for these changes.
6.4.1.2 Education is a regulated field
The participants displayed a reasonable awareness and understanding of education law as

well as of the many policies that regulate teaching in South Africa. Given the number of
years of teaching experience they had, it may be concluded that their knowledge of
education law was as a result of their experience and not necessarily from being exposed to
formal training in education law. This shows that the knowledge gained by the participants
was as a result of “on the job training.” Consequently, while reasonable understanding of
education law was demonstrated, it was also superficial.
6.4.1.3 Rights: Learners vs. Teachers
The emergence of the perception that learners had too many rights as compared to
teachers, in itself was indicative of the superficial understanding of what the rights in the
BoR entail. While it was felt that learners’ rights were overemphasised, it was also found
that the participants believed that learners did not fully appreciate the new found rights,
and need to be educated in the corresponding responsibilities attached to their rights.
Data from phase 1 indicates that teacher participants who have not been exposed to
education law indeed have an awareness of legislation but a superficial knowledge and
understanding thereof.
6.4.2 PHASE 2 – MAIN FINDINGS
The participants were teachers who were enrolled at the University of Pretoria for a formal
module in education law. Effective teaching requires knowledge, skills, values and attitudes
with the mediation of learning programmes; to be a leader, administrator and manage the
classroom, to practice and promote a critical attitude, have a committed and ethical attitude
towards developing a sense of responsibility towards others and an ability to integrate
assessment in their teaching. Table 5.4 gave a snapshot of my findings in phase 2.
— 144 —
The two themes which emerged were; “More training means better delivery” and “A
balancing act” (see § 5.5.3 and § 5.5.4 respectively). The major theme that emerged within
this phase was “The law is a lamp unto my feet and a light unto my path.”
6.4.2.1 More training means better delivery
Kolb (1984), Boud (1993) and Dietz (1998) concur that learning is a cyclic model and that
learning occurs through experience and through reflection. Dietz's model of learning
provides for four levels of learning. This is a useful framework for understanding the science
of learning. He suggests that students learn through different levels. These levels are
exploration, organisation, connections and reflection. In the third level students begin to
make the connections between different teaching situations. Students in essence are able to
understand the link between what they teach and how it is taught. They begin to see their
teaching impact their students' learning. The participants who have been exposed to a
module of education law, have also been subjected to the four levels of Dietz’ model of
learning and are able to acknowledge the challenges that education law presents to them,
while appreciating that knowledge of the law is like a lamp that brightens one’s path in a
dark night. While the arena of education is a highly regulated field, participants believed that
education law illuminates their teaching practice, making them better equipped for the task
at hand. My findings indicate that if there is to be an improved state of teaching, then
teachers would need to be adequately trained. This training will not only produce teachers
who have a better understanding of legislation and education law specifically, but will also
enable them to navigate the minefield of education (see § 5.5.3.1).
It was generally accepted by the participants that the values that underpin the Constitution
are the same values and principles that have inspired the change in the curriculum, in
teaching methods, in the way discipline is meted out, and in teaching styles and approaches.
Changed discipline methods engender a reasonable understanding of the Constitution.
There is sense of confidence in the participants that while these changes are many, they are
necessary. My participants’ knowledge of legislation and education law specifically seem to
create a sense of confidence, self-assurance and power.
— 145 —
6.4.2.2 A balancing act
My findings suggest that there are various elements within the practice of teaching that
need to be balanced. Working towards a balance suggests a give and take approach, a
constant re-adjustment so that equilibrium is achieved. The practice of teaching and learning
on one end of the scale, with education law on the other end, remains a constant balancing
act!
6.4.3 PHASE 3A – MAIN FINDINGS
I found that the data from the document analysis was not sufficiently rich and was limited in
its context. The audience was obvious (the examiner). There appeared to be no social or
cultural context as the participants sought to give the examiner the right answer from the
study guide and not from their personal context. I concluded that the data collected for
document analysis was contrived. The only meaningful deduction was that these participants
only demonstrated a “textbook answer” to case studies and that deeper understanding was
not evident. This in itself was an indication that the participants may have learned in parrot-
like fashion in order to obtain good marks. As a result I abandoned this data in pursuit of
more suitable information.
6.4.4 PHASE 3B – GROUP INTERVIEW
Various categories were lifted from codes assigned to the data and condensed to families
from which distinct patterns were seen (see Figure 5.4). I have categorised my finding
according to one family of categories for phase 3b (see Table 5.6). Table 5.6 shows the
summary of the data collected for phase 3b. The main theme that emerged was that
teaching was an ongoing journey referring to an evolving teacher.
The types of knowledge that are required in teacher training and the “processes of
pedagogical reasoning and action” was examined (see § 3.4). Once teachers have been
exposed to the content of education law, teachers would reflect on what they have learned
and acquire a new understanding of how education law influence their teaching practice.
— 146 —
The data analysed suggested that participants have evolved after studying education law,
that there has been a process of systematic change. A distinct confidence was evident in
their responses. This confidence came from their exposure to education law as a module
during their studies. The main theme that emerged was one of an ongoing journey, a state of
continually changing and adapting to the landscape of education. Change was inevitable and
difficult for the participants, but being exposed to the modules of education law has aided
their teaching practice. Knowing the laws that pertain to education has made a difference in
their teaching practice.
6.5 IMPLICATIONS OF FINDINGS
I shall now discuss the implications of my findings using 3 different categories according to
the phases of data collected.
6.5.1 TEACHERS WITH NO FORMAL EXPOSURE TO EDUCATION LAW (PHASE 1)
Our education system has teachers who have not had any formal exposure to education law.
The participants from phase 1 fit this profile. The only knowledge or exposure to education
law has been through “on the job” training. This means that these teachers learn through
experience. Knowledge of education law is gained each time they encounter a situation
where the application of education law is required. This phenomenon has implications for
the kind of environment teaching and learning take place in. Teachers’ lack of formal training
puts learners’ rights, as well as their own rights at risk. Learning on the job does mean that
mistakes are made and the level of risk is escalated. Often, only hindsight offers 20/20
vision, as well as learning from mistakes.
The Constitution (1996) as well as the Schools Act (1996) seek to transform South Africa (see
§ 2.2.12 and § 2.2.13). Subordinate to the Constitution are the various legislation and
policies that deal directly with education, which make up education law and policies.
Education law deals with the law relating to education (Bray 2004:36). Bray goes on to
suggest that education takes place within the legal system of South Africa and as a result
does not exist in a vacuum or outside of the ambit of the law. Bray argues that it is, in fact, a
difficult issue to separate law and education law. She therefore concludes that education law
— 147 —
is not a specific area, discipline or branch of law but that it spans the entire field of law (Bray
2004:36) (see Figure 2.2).
Teachers without formal training in education law are more tentative with regards to the
interpretation and especially the application of education law and the BoR. This insecurity is
compounded by the misinterpretation of legislation and policies and as a result possible
litigation against themselves and the DoBE. Ignorance of the application of education law
and policies leads to inadequate protection or the over protection of learners’ rights.
Knowledge of education law is crucial for any teacher teaching in South Africa. Coetzee
(2011:184) suggest reasons why teachers, as a classroom manager, should have knowledge
of education law (see § 2.6).
6.5.1.1 Learner centred teaching
There is an understanding and acceptance that there has been a shift in the way learners are
treated; learners are now the centre of the whole business of education. A learner-centred
approach to teaching has made many participants uncomfortable. I believe that the
apprehension that exists is as a result of lack of exposure to education law as well as
inadequate training by the DoBE for teachers who transitioned into the new education
system (post-1994).
Knowledge of education law can help teachers make valid and lawful decisions, in other
words, decisions that will not create legal problems for themselves. Unless this knowledge is
part of teacher training in South Africa, the status quo will remain.
Pedagogy can be viewed as a practice or a craft representing the teachers’ accumulated
wisdom with respect to their teaching practice acquired over time. Teachers’ knowledge
and beliefs provide a framework for pedagogy, knowledge of students, subject matter and
the curriculum, and guide the teachers’ action in practice (Carrington, Deppeler & Moss
2010:2).
It must be highlighted that the knowledge with regards to education law that these teachers
possess, is as a result of teaching experience and it can be argued that it is the same teaching
— 148 —
experience that has led to their apprehension, with learners being the centre and no longer
the teacher.
6.5.1.2 Curriculum change
Curriculum change since the inception of our new democracy has been cited by all
participants. These changes are seen as positive by some teachers, and by some are
considered a challenge. Outcomes Based Education was seen as the alternative to the
teacher-centred approach of pre-1994. The whole philosophy of education has shifted, and
has played a major role in transitioning the education system in the new democracy where
all stakeholders have human rights. Parker (2003:16) suggests that teacher education in
South Africa has evolved through distinct phases. He puts forward that the fourth phase is
from policy to implementation. Parker purports that this phase is merely a culmination of
the second and third phases. It was only in 2000 that the statutory and non-statutory
councils became operational. The focus was strongly shifted from policy to implementation.
The struggle with effectively handling the new curriculum was common to most participants.
If curriculum change is driven by legislation and policy, then these teachers who have no
training in education law cannot be expected to adequately interpret legislation and policy,
and therefore cannot be expected to adequately implement the changes while promoting
the rights of their learners.
They understood that the change in curriculum was necessary as the education system and
the country as a whole underwent change, but feel inadequate in being the change agent
that they as teachers are expected to be. This leads to the next implication of “Change brings
challenges.”
6.5.1.3 Change brings challenges
With change come challenges! Teachers were acutely aware of the many challenges they
faced as a result of the changes that the education system had undergone. Teachers felt
inadequately prepared to deal with multicultural classrooms, discipline issues, curriculum
delivery. While change is inevitable, the way teachers are trained or skilled to be able to
handle these changes is of consequence. Changes that are framed within education law are
— 149 —
of even more consequence than just teaching and learning per se. Delivery a new curriculum
is fraught with challenges, but to deliver it within the prescripts of education law and policies
which you were never trained for makes it challenging. Lack of training in education law and
policy makes dealing with multicultural classrooms, discipline issues, promotion of diversity,
equity, inclusive education and curriculum delivery exceptionally difficult.
6.5.1.4 Education is a regulated field
Participants displayed a reasonable awareness and understanding of education law as well

as of the many policies that regulate teaching in South Africa. Given the number of years of
teaching experience participants have, it may be easy to conclude that their awareness and
knowledge of education law could be as a result of their experience and not necessarily from
being exposed to formal training in education law. It can also be argued that post level 2, 3
and 4 teachers may have more experience with education law by virtue of being in
managerial positions.
Many participants demonstrated a sound awareness of the names of various policies and
legislation that regulate education. While it is an encouraging phenomenon to see,
particularly because these participants have had no formal training in education law, they
did not have an in-depth knowledge and understanding of the workings and application of
the legislation.
It could be argued that if teachers know little of the BoR or its contents, then their teaching
has not really changed. Participants demonstrated a superficial knowledge and
understanding of legislation, rights and their place in education, because when confronted
with the need for more details it appeared that these teachers did not have an in-depth
understanding or knowledge of the legislation and policies.
(S2: Q18:d) A little
The position of authority occupied by the teacher has many legal implications and
expectations pertaining especially to possible liability to neglect. Teachers work with young,
immature individuals, who, because of their lack of experience and judgment, cannot always
— 150 —
foresee the consequences of their actions. Potentially dangerous situations should receive
the teachers’ full consideration.
The core element of the above is that education law is a collection of legal rules that govern
or regulate relationships and activities within the domain of education. Being aware of this
collection of legal rules is of paramount importance for any individual within education.
Success in this domain of education will depend on the individuals’ knowledge,
understanding and ability to implement these rules.
My findings concur with literature, that the lack of knowledge regarding legislation and
education law specifically brings legal challenges for the teacher.
(S2: Q11: b) Yes. Discipline is more of a problem that it has ever been.
Paper work and Admin takes more time. Dept of Ed. More
prescriptive eg setting specific tasks to be completed. (LO)
These challenges include a limited ability to protect and promote the rights of their learners.
Teachers could experience unnecessary pressure due to the legal implications of possibly
innocently violating the rights of their learners. If this is true, then teachers who have had no
formal exposure to education law, may not be able to execute their duties fully because of
the fear of violating their learners’ rights as well as the fear of being held to account for their
action or lack thereof in a court of law. Even though teachers may not have had formal
exposure to education law, their experience provided them with some skill to be able to
function within a highly regulated field of education.
I hypothesise thus from the data that teachers who receive formal training in education law,
will be more confident in executing their duties, with less fear of legal consequences. I
further put forward, should my hypothesis be correct, that it is within a culture of knowledge
of, and confidence in, education law that the education system will transform into the vista
that is envisioned in the Constitution and the Schools Act.
— 151 —
6.5.1.5 Learners’ rights versus teachers’ rights
A prevailing thought which exists is that learners have more rights than teachers. Some
participants cited that teachers were frustrated because they have fewer rights than
learners, and that learners did not fully understand the responsibility that goes with the
rights they have. They also lacked an appreciation of their rights. It could be argued that it is
not really about how many rights learners have as opposed to teachers, it is about whose
rights are seen as more important. This crucial question points to the heart of the frustration
which teachers actually feel in the process of balancing rights in practice. Teachers, if
adequately exposed to education law, would know that “the child’s best interests are of
paramount importance in every matter concerning the child” (The Constitution 1996, section
28(2)) and would have developed the competencies to apply the law in practice.
6.5.2 THE LAW IS A “LAMP UNTO MY FEET AND A LIGHT UNTO MY PATH” (PHASE 2)
The fundamental difference between phase 1 and phase 2 is that participants in phase 1
were teachers who had had no formal exposure to a course in education law, while in phase
2 the participants were teachers who were enrolled for a formal course in education law
with the University of Pretoria as part of an ACE or BEd(Hons) qualification.
6.5.2.1 More training means better delivery
It is interesting to note that a similar theme emerged in phase 1, that of “knowledge is

power.” The more knowledge the teachers have the more power they have to deliver in the
classroom. Participants, who have had formal exposure to education law, believe that the
South African education landscape is littered with legal mines. The unsuspecting teacher
faces the hazards of walking through this dangerous minefield daily.
Literature suggests that beliefs and attitudes can be changed, even though it is a process
that is achieved through education. Education here refers to being exposed formally to a
module of education law as part of teacher training in South Africa.
— 152 —
There is a sense that having been exposed to the content of the module of education law it
will place the participants in a position to ensure better delivery in the classroom and in
interaction with their learners. This essentially means that more training in the field of
education law could translate to better delivery in the classroom.
While many participants demonstrated a sound understanding of the Constitution, as a

result of it being a core component of their education law modules, some felt somewhat
insecure particularly now that learners are more aware of their rights, possibly because they
were afraid of infringing the rights of their learners. The education law modules have
certainly sensitized them to the BoR and the rights that are enshrined in it. It would appear
that the conundrum they may face is the challenge of balancing rights and responsibility.
Interesting is the awareness of this group of their inabilities to apply the law in practice.
Exposure to education law thus sensitized them to the challenge of applying the law in
practice.
Clearly participants’ exposure to the education law modules has given them a new sense of
confidence. Their new knowledge of education law appears to have provided a lens to look
through with regards to their roles and responsibilities. It is through this lens that they seem
to have a sense of empowerment. Empowerment is not just a case of enlightenment, as to
what one is entitled to or allowed to do; it is also an empowering experience when one
knows one’s limitations and boundaries within which one operates. This realization, it would
seem, of the limitations and boundaries within which participants operate, has also created
a sense of confidence, self-assurance or power. Knowledge is power! The more they know
and understand of education law, the more equipped, they believe, they are to face the
challenges of their classrooms.
The fact that participants, who have been formally trained in education law, understand that
a bitter-sweet relationship exists, implies that their new knowledge has indeed empowered
them to identify the legal implications for themselves in their profession, and to be aware
that they need to be vigilant so as not to violate the rights of any stakeholder in education.
Having teachers in South Africa, formally trained in education law, will in actual fact have
positive implications for our country. It is questionable to expect teachers to function
— 153 —
satisfactorily in a legal minefield without providing them the necessary skills to navigate the
dangers.
The findings of phase 2 therefore generated the hypothesis that if teachers are not formally
trained in education law, there will be an increase in litigation against teachers, schools and
the DoBE, as a result of the violation of rights and legal prescripts. This will, firstly, have
financial implications for the DoBE and secondly, legal implication for the teacher.
6.5.2.2 A balancing act
Participants find themselves in a place of constantly performing a balancing act. There is a

need for them to balance the rights of their learners along with their responsibilities and
equally to balance the rights of learners against the rights of other learners, while still
maintaining fairness and without violating the rights of any learner. This bitter-sweet
relationship or balancing act is further compounded by the cultural diversity that exists
within many of their classrooms.
Participants also exude a sense of security regarding the rights of learners. While education
law is a minefield to navigate, and while a reasonable understanding of the Constitution
exists, participants experience a sense of empowerment through being exposed to the
content of education law, and that while a bitter-sweet relationship may exist when it comes
to balancing the rights of learners, there is also a sense of security in the notion of the rights
of learners. This speaks of a coming-of-age of teachers through the study of education law.
6.5.3 AN ONGOING JOURNEY (PHASE 3B)5
“Tentative change”, “The spine of education”, “The challenge of discipline” and “Core values
and conflicting values”, were patterns that emerged from the group interview. The
behavioural change theories looked at in Chapter 3 (see § 3.8) suggest that one never arrives
at a state of all knowing but that learning is constant and continual. Essentially the findings
in this phase confirm the literature in this regards.
5
Phase 3a was not included for analysis due to the quality of the data collected (see § 5.6.2).
— 154 —
6.5.3.1 Tentative change
While education has experienced change since the inception of democracy, participants
believed, that the change was not as well managed as it perhaps could have been. Policy
change around the curriculum directly influenced the way participants taught their learners.
While their teaching methods and style have had to undergo a transformation, they also
acknowledged that these transformations have led to a misunderstanding of their role as
teachers. While they understood the importance of teaching, so that learners were prepared
to fulfill their place in society, they also admitted that the crossing over from “assess for
examinations” to teaching “skills and values” has been a treacherous road.
It is accepted that with change, comes a certain amount of fear. If this is the case, the DoBE
has a moral and legal responsibility to ensure that their teachers are adequately skilled to
ensure the transition it expects. INSET will need to be rolled out on a scale equal to the
DoBE. Literature indicates that learning is a continual or cyclic process (see § 3.3). Therefore,
the DoBE is responsible for ensuring that its teachers are constantly trained in the aspects of
education law by way of INSET.
6.5.3.2 The challenge of discipline
The issue of discipline struck a nerve with participants. “Taking your chances” is indicative of
the insecurity that participants experience when dealing with discipline issues and matters
of searching pupils and their property, in particular. The issue of using alternative forms of
punishment raises the concern that those alternative measures do not always produce the
desired results and that is where the challenge arises. The need then is to do more in order
to produce the desired outcome. This, more often than not, leads to issues of violating the
rights of the learners. There also seems to be a personal struggle with their understanding of
the human rights of learners and their actual practice, making sure that both are actually
congruent.
Data indicate that teachers’ frustration around the issue of learner discipline is causing them
much concern. The use of alternative forms of discipline, but without violating the rights of
learners is worrying. If these fears prevail amongst teachers, then it stands to reason that
— 155 —
teachers could be violating the rights of the learners when meting out discipline, or not
adequately enforcing discipline because of fear of violating the rights of the learners.
Teachers, therefore, need training in regards to alternative forms of punishment, forms that
do not violate the rights of learners. Teachers need tools to be able to face the challenge of
disciplining their learners. Understanding the legal implications for violating the rights of
learners is equally important.
6.5.3.3 Core and conflicting values
A spine is seen as a component that plays a crucial role in keeping the body upright and
houses the all important spinal cord. A healthy body would have a strong spine. This
metaphor is used to describe the significant role education law plays in education, calling it
the spine of education. It is clear that participants understood the role of education law in
their teaching practice. They talked about the implications of knowing the law and how that
became one’s conscience when dealing with learners, how the law restricted their behaviour
so that the rights of their learners were not violated. If the knowledge of education law is
the conscience of the participants, then this finding has significant implications for both the
teacher and the DoBE.
As education law is a relatively new field of law, not many teachers have been exposed to it
formally. Teachers already in the employ of the DoBE need to gain a formal training in
education law. Understanding their role as teachers and the nature of the child will create
the framework for teachers to deal appropriately with the challenges their job presents.
Their new knowledge would be their conscience that will guide them with the struggle with
core values.
The DoBE should make courses available for teachers to be trained in education law.
6.6 SIGNIFICANCE OF THE INQUIRY
The findings of this inquiry could impact the future of education law in the initial and further
training of teachers in our country. These results may suggest that the studying of education
— 156 —
law has made a significant difference in the way teachers perceive their roles within the
education system. This inquiry could inform curriculum planners and developers of the
importance of education law as a module in initial teacher training and further training
programmes.
Further, this inquiry develops several hypotheses for further exploration via quantitative
inquiry (see § 6.8.3). This wider sample will greatly increase the trustworthiness and general
applications of the findings of the research.
This inquiry also emphasises to lecturers in education law to take cognizance, that they are
developing skills and competencies in their student teachers, to enable them to apply
legislation in their teaching practice. Therefore the teaching methodology and didactics
should address this imperative.
6.7 LIMITATIONS OF THE INQUIRY
While careful planning and consideration went into the process of understanding, I did
experience a few challenges. This forced me to deviate from my initial plan and improvise
and formulate new strategies which are typical of qualitative research (see § 4.3.7).
The seemingly obvious limitation will be that the findings cannot be generalized, since the
focus was the teachers from the Durban area and I conducted a qualitative inquiry. The
exam scripts that were used for phase 3a, were also restricted to the Durban area, as these
were the same students who completed the questionnaire in phase 2 and gave consent to
include their examination scripts in my research. During phase 3b, my sample included
teachers who lived in the Pietermaritzburg area only. Unfortunately, the number of
participants was greatly reduced, from four positive participants, to only two actually turning
up for the group interview.
— 157 —
6.8 RECOMMENDATIONS
In conducting this research, my aim was not to generalise or find solutions to global
problems. My primary aim was to contextualise my findings and to generating hypotheses.
6.8.1 THEORETICAL RECOMMENDATIONS
The primary objective with the many changes that education has undergone is to ensure
that the interest of the child is of paramount importance. This aim cannot be fully realised if
teachers do not have an understanding of education law, which include legislation, legal
principles deduced from common law and the interpretation of case law. Knowing the rules
of the game will certainly produce players who are skilful, effective and passionate about
their game; this analogy applies aptly to teachers.
Instilling legislation and human rights application is underpinned by values (see § 2.4.2).
Understanding how human rights and legislation should be applied and implemented
creates an attitude change and would instill a human rights culture in the education sector.
Education law could be one of the vehicles to realize this culture of human rights application
which will enhance social justice and transformation.
In order for teachers to protect the rights of learners, in fact, the rights of all stakeholders,
teachers need to be trained in the field of education law. There needs to be a change in the
way teachers see themselves in regards to education law; training and exposure to
education law will bring about this change. This change will become evident when teachers
have a better knowledge and understanding of the processes and principles which will help
them avoid becoming involved in lawsuits. When teachers’ decision making processes are
within the parameters of the law, it gives more impetus to those decisions made. Better
decisions are made when one knows the legal considerations that need to be taken into
account. Teachers will be able to create a safe environment because legally safe decisions
will not only ensure protection by the law but will ensure that learners in their care will be
physically safe as well. As a legal requirement, a person who is active in the field of
education is expected to be abreast of the legal provisions and principles that will regulate or
govern his/her activities in the field.
— 158 —
Each school, each teacher and the school curriculum need to be held accountable for
teaching and enhancing the values that underpin our democracy – teacher education and
training needs can address this matter.
6.8.2 RECOMMENDATIONS FOR PRACTICE
In trying to answer my research question, I have identified the following concerns, which
unless addressed, could lead to serious complications.
 Teachers within the education system, who have had no exposure to any formal
training with regards to education law, need to be retrained and up skilled. This will
include the vast majority of teachers in South Africa. Not addressing this issue may
perpetuate the violation of the human rights of learners. Retraining will also reduce
the levels of stress under which teachers work, as they will now understand their
limitations and expectation from the BoR. “More training means better delivery.”
 School principals and their management teams should be a priority in terms of
retraining. If school managers do not understand the legal framework within which
they operate, then the effective running of a school will become more and more
difficult.
 Teacher training programmes need to include a module on education law as well.
This will ensure that all new teachers who enter the teaching profession will be
familiar with the legal aspects of their profession. Teacher training programmes
place huge emphasis on the acquisition of educational theory and practice, and
rightly so, however, no attention is paid to the legal requirements of their
profession. Knowledge of education law is a prerequisite in developing and
instilling a human rights culture at school.
 Other stakeholders in education, such as the School Governing Body and learners,
should also be exposed to education law.
 In order to experience real transformation, the DoBE should include an
independent education law module as part of the minimum qualification of
teachers. This should be a full module and not half or part of another module.
— 159 —
6.8.3 SUGGESTIONS FOR FUTURE RESEARCH
From this inquiry, future research can be conducted to generalise my findings. A quantitative
inquiry, which would include students from different Higher Education Institutions who are
currently studying education law for any part of their teaching qualifications could be
conducted. The aim would be to determine the influence that studying education law has on
the teaching and to test the hypotheses generated by this inquiry. A similar inquiry could be
done to include only managers from a greater sample of schools.
Several hypotheses were generated by this inquiry. It is recommended that all of these
generated hypotheses be studied quantitatively:
 Teachers have a fair awareness of education law even though they had no formal
training (see § 5.4.4.1).
 Teachers have a reasonable awareness of which policies regulate their teaching
(see § 5.4.4.2).
 Teachers have a superficial knowledge and understanding of the content of the
legislation that regulates their teaching (see § 5.4.4.2).
 Teachers lack an in-depth knowledge and understanding of the values and
implications the legislation has for their teaching practice (see § 5.4.4.2).
 Teachers believe that learners have more rights than teachers (see § 5.4.5.1).
 Tension exists between teachers implementing education law and the level of their
accountability (see § 5.5.5).
6.9 EPILOGUE
This chapter included my main findings, the implications of my inquiry as well as the
limitations. Therefore, I have also made suggestions for future research in this field. The
conclusion of my dissertation is that teachers’ knowledge of legislation and education law
specifically has an influence on their practice. The inquiry therefore generated one main
hypothesis amongst others: Studying education law will change teachers’ attitudes positively
towards education law and their practice and enhance a culture of human rights’ application
in the classroom. As one of the participants so aptly stated; education law is the spine of
education.
— 160 —
(Line 201): So to [in] my view, education law is very important. I can say it’s
really a… I don’t know how I can put it but the spine of education
---ooOoo---
— 161 —
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TEACHERS’ KNOWLEDGE OF LEGISLATION

AND EDUCATION LAW SPECIFICALLY AND ITS

Submitted in partial fulfilment of the requirements for the degree

Department of Education Management and Policy Studies

I dedicate this thesis to my dear wife Maggie,

 To the participants, who were willing to complete questionnaires and to be

 To everyone who contributed to my academic and personal growth in completing

______________________ 18 February 2014

ABREVIATIONS AND ACRONYMS

ACE Advanced Certificate in Education

1.2 DISCUSSION OF THE CONUNDRUM 1

1.3 THE IMPORTANCE OF EDUCATION LAW 2

1.4 RESEARCH QUESTION 6

1.5 AIM AND OBJECTIVES 6

1.6 RESEARCH APPROACH 7

1.7 THEORTICAL FRAMEWORK 8

1.7.4 THE FOUNDING PROVISIONS IN THE CONSTITUTION 10

1.8 METHODOLOGICAL ACCOUNT 13

1.9 REPORT OUTLINE 18

2.2 CLARIFICATION OF CONCEPTS 21

2.3 EDUCATION LAW 27

2.4 THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA 36

2.5 THE SOUTH AFRICAN SCHOOLS ACT OF 1996 43

2.6 THE IMPORTANCE OF EDUCATION LAW 44

3.1 INTRODUCTION AND OVERVIEW 49

3.2 TEACHER EDUCATION AND TRAINING 50

3.3 THE DIETZ MODEL (1998) 54

3.4 SHULMAN’S MODEL OF PEDAGOGICAL REASONING AND ACTION 56

3.6 TEACHING PRACTICE 58

3.7 TEACHERS’ BELIEFS AND ATTITUDES 61

3.8 THE BEHAVIOURAL CHANGE THEORIES 63

4.2 RESEARCH QUESTION 67

4.3 THE RESEARCH DESIGN 67

5.2 DATA ANALYSIS 81

5.3 THE DATA ANALYSING PROCESS 81

5.4.4 FAMILY 2: EDUCATION IS A REGULATED FIELD 97

5.4.5 FAMILY 3: RIGHTS: LEARNERS VS TEACHERS 101

5.4.6 SUMMARY OF PHASE 1 106

5.5 PHASE 2 107

5.5.4 FAMILY 2: A BALANCING ACT 119

5.5.5 SUMMARY OF PHASE 2 121

5.6 PHASE 3 (A AND B) 121

5.6.4 THEME: AN ONGOING JOURNEY 126

5.7 CONCLUSION 138

6.1 INTRODUCTION 140

6.2 OVERVIEW 140

6.3 TRUSTWORTHINESS 142

6.4 MAIN FINDINGS 142

6.4.2 PHASE 2 – MAIN FINDINGS 144

6.4.3 PHASE 3A – MAIN FINDINGS 146

6.5 IMPLICATIONS OF FINDINGS 147

6.6 SIGNIFICANCE OF THE STUDY 156

6.7 LIMITATIONS OF THE STUDY 157

6.8 RECOMMENDATIONS 158

6.9 EPILOGUE 160

LIST OF REFERENCES 162

Table 1.1: Sample from Lions River District 14

Table 3.1: Key education policy regulations and legislation 52

Table 4.1: Sample of schools from Lions River District 72

Table 5.1: Biographical data of participants 84