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Abstract:
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The study investigated issues with South African schools' application of disciplinary
hearing processes and procedures, which often lead to the violation of learners' human
rights. Unequal educational opportunities stem from the unfair handling of disciplinary
matters. The research aimed to explore measures that school principals and
disciplinary committee members take to safeguard learner rights during disciplinary
hearings, to assess the School Governing Body's policy comprehension, and to probe
into factors leading to learner rights breaches in disciplinary scenarios.
A qualitative methodology and case study design were employed, equipping the
researcher with the tools necessary to achieve the study's objectives. Purposive
sampling was utilised to select four secondary school principals, disciplinary
committee members, and Representative Council of Learners representatives in the
Sekgosese Central Circuit as participants. Data were gathered through face-to-face
semi-structured interviews, with content analysis deciphering the collected
information.
The study revealed that schools inadequately communicate the Code of Conduct to
learners and parents, and some even misuse it to screen admissions. RCL members
and class representatives are improperly engaged in investigating misconduct, and
their findings are directly used to make disciplinary tribunal decisions. Moreover,
during disciplinary hearings, parents lack proper guidance on defending their children
against unjust treatment. SGB members are sometimes unjustly excluded from
sensitive cases. Lastly, inconsistencies were found in the suspension periods
assigned across different schools. |