| Summary: | Mindful of the imminent introduction of a South African Bill of
Rights, this study has been undertaken to define the rights and
duties of the South African pupil by means of a literature
study and an elementary study of comparative law with a view to
promoting pedagogical education.
Various legal terms which influence the classification of the
rights of the pupil significantly are defined.
In conjunction with the three sources of educational law (viz
common law, legislation and case law), the status of the minor
personality, the administrative educational procedure and the
legal status of the pupil as determinants for pedagogical
education are identified and dealt with in so far as they have
any bearing on the rights of the pupil. In addition to the
exposition of the existing legal status of the pupil, a survey
is made of the pupil, as determinant for pedagogical education
in order to draw conclusions by means of similarities, differences
and shortcomings.
Important concepts concerning the teacher's rights and duties
toward the pupil that come to light in this script are bona
fides, quasi-judicial competence, rules of natural justice,
ultra vires and in loco parentis. Important concepts that
come to light concerning the rights and duties of the pupil
toward others are legal capacity, personality rights, correct
information, authority and discipline, procedural rights
and duties
The concept "the rights of the child" is shown to imply certain
duties that should be performed by the pupil. Pedagogical
education is shown to be impracticable unless not only the
teacher and the parents, but also the pupil performs his
duties.
Attention is paid to the necessity of informing teachers,
parents and especially pupils concerning their respective
rights and duties, so that pedagogical education can reach its
optimum development in South Africa. === Skripsie (MEd)--PU vir CHO, 1994
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