Implementation of legal principles in learner disciplinary processes in secondary schools

Abstract

Learner discipline management continues to be a common problem for educators, parents and learners in most South African schools. The purpose of this research was to examine the implementation of the legal principles pertaining to learner disciplinary processes in secondary schools. Three (3) secondary schools were chosen from the Ngaka Modiri Molema district, in the North West province as research sites. The study adopted a qualitative approach through an interpretive paradigm, and it employed a case study design. The conceptual framework for this study was developed with the set of legal principles that govern the learner disciplinary processes. The participants in the study involved the principals/deputy principals, educators, SGB Chairpersons/deputy chairpersons and SGB parent components. Semi-structured individual interviews were conducted to gather data from the participants. The study’s findings revealed that participants held diverse perceptions regarding the legal principles related to learner disciplinary processes. The majority of school disciplinary committee members demonstrated an unclear understanding of their roles in accordance with the legal framework governing learner disciplinary processes. Schools reported several challenges with complying with legal principles in learner disciplinary processes which included the development and implementation of the code of conduct for learners, the absence or limited involvement of parents, and insufficient support from the Department of Basic Education (DBE). One school explored strategies such as involving legal experts to ensure proper implementation of legal principles. There were expectations for the DBE to provide support in drafting and implementing disciplinary policy documents and to offer ongoing training for school disciplinary committee members on learner discipline.