| Summary: | According to legislation, common law and case law, South African educators have a
responsibility to ensure the safety of learners. Above all, God has placed children in
our care and it is our God-given duty to take care of them.
For educators to be able to perform this duty of care as it should be, they need to be
equipped with the necessary legal knowledge. However, the acquisition of this
knowledge remains the primary responsibility of each educator. Other educational
role-players also have some moral obligation and responsibility to assist educators in
attaining such knowledge.
As educators should acquaint themselves with the relevant legislation regarding duty
of care, such legislation should be accessible to all educators. Principals should
encourage educators to become acquainted with the content of the relevant
education laws.
All the determinants regarding duty of care ought to be general knowledge to
educators. Principles such as what torts comprise of, the requirements of delictual
accountability, reasonable foreseeability and preventability and the reasonable
educator test should be as well-known as subject didactical knowledge. Real-life
situations and case law should be used to ensure a clear understanding of these
principles. Tendencies in international law should also be communicated to
educators.
This study determined that educators do not have sound legal knowledge to meet
the minimum requirements set by legislation, common law and case law. Tertiary
institutions will have to compile training programs urgently so that education
departments, trade unions, governing bodies and principals can make it available to
educators, who, in turn can empower themselves with relevant, practical education
law knowledge. === Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.
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