School of Education Law

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Browsing School of Education Law by Subject "Learners"

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    Evaluating the constitutionality of the National School Nutrition Programme guideline for Secondary Schools during breaks
    (University of the Free State, 2023) Mulaudzi, Lebohang Victoria; Reyneke, Mariette; Gcelu, Ntombizandile
    This study aims to evaluate the constitutionality of the National School Nutrition Programme (NSNP) guideline, which does not make provision for food for learners during school closures. Good health and nutrition are essential for a learner’s development and growth; thus, it is the government’s responsibility to participate in that development and growth. The government and the NSNP play a vital role in ensuring that learners in schools are provided with proper nutrition, enabling them to live healthy lifestyles and prevent non-communicable diseases. Section 27((b) of the Constitution of South Africa of 1996 provides everyone with the right to access sufficient food and water. Furthermore, the Constitution of South Africa stipulates that every child has the right to basic nutrition (1996a: 28 (1)(b))). The study is hinged on the Interest Theory of Rights (IToR), which seeks to safeguard a person’s rights, especially those of children, against the violation of their rights, by other individuals or the government (Anyadike, Nwachukwu &Wogu, 2021). The study utilises the interpretive paradigm as it relies on secondary qualitative data. The interpretive paradigm allows the researcher to interpret the truth and reality of individuals by making sense rather than creating a hypothesis (Romani, Barmeyer, Primecz & Pilhofer, 2018). A qualitative approach was undertaken to evaluate the constitutionality of the NSNP’s guideline on the non-provision of food during school breaks. The study utilises a literature study which relies on a thorough discussion of the existing knowledge from academic resources such as books, journals, articles, publications, and legal documents such as the Constitution, legislation, case law and international instruments, dissertations, and theses (Nayak & Singh, 2021). A single technique that requires perusing documents and records, known as secondary data collection, was used to collect data. The study’s sampling involves systematic sampling/review, as it requires me to only select documents that respond to constitutional imperatives and the provisions of the NSNP guideline and where applicable implementation practices that falls within the current five (5) years of publication (Ibid). To analyse the data, I used both document and thematic analysis. Document analysis relies on readily available data, enabling me to analyse data from secondary sources such as books, documents, policies, publications, and legal documents such as the Constitution, legislation, case law and international instruments, (Myers, 2019). Additionally, the study utilises thematic analysis, which involves reading over a data set and looking for meaningful patterns to identify themes (Lochmiller, 2021). The findings of this study were centred on themes regarding the research questions. The main finding for the study reveals that the NSNP guideline for secondary schools is not constitutional during school breaks. The study reveals that the NSNP plays an important role in preventing malnutrition by ensuring that it provides meals for learners while at school. But the meals or diet provided by the NSNP lacks adequate variety, which can contribute to Non-Communicable Diseases (NCDs). The study further reveals that a diet that is heavily reliant on carbohydrates does not prevent NCDs. Additionally, the NSNP aims to at least fulfil 30% of learners’ dietary needs. The NSNP meals do provide calories, but the nutritional value is questionable and can be improved. Nevertheless, the NSNP in most schools provides learners with only one meal for many learners. Furthermore, when learners are at home, the NSNP guideline does not offer guidance on how qualifying learners of the NSNP should continue to receive daily nutritional needs, which prevents them from malnutrition and NCDs, resulting in death. I, therefore, recommend that feeding of learners should be extended to all quantiles and all deserving learners should be fed. Learners who are already sick and have to exclude other food groups should be offered alternative diets. The study recommends that all qualifying learners, in all quantiles, should be provided with meals. Copying from the Western Cape and Gauteng provinces, it is advised that learners receive two meals per day during school hours. Furthermore, the study recommends that schools provide food parcels. Additionally, schools are encouraged to provide qualifying learners with food vouchers that will sustain them on days off or during school breaks. Learners who are already sick and have to exclude other food groups should be offered alternative diets.
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    Exploring educators’ roles and functions in cases of delict to ensure substantive and procedural fairness
    (University of the Free State, 2024) van Straaten, Stephanie; Tshabalala, T. J.
    Parents/guardians entrust their children with educators and individuals in the school community. Although policies and procedures are in place, accidents and incidents continue to occur. School managers, educators and individuals at school or school related activities need to ensure that such policies and procedures are in place in order to prevent accidents and incidents that could jeopardise the safety of learners at school. Lack of implementation of policies and procedures causes accidents and incidents. In cases where learners are injured physically or emotionally, there are legal consequences that need to be considered. Individuals who are active in the legal system have an obligation to guarantee substantive justice and proper procedural compliance. A qualitative research approach was used to achieve the aim of the study. The study was guided by the Right to Due Process and Administrative Justice. The research study makes use of document analysis to analyse case laws through a selection of purposeful sampling. The findings revealed that accidents and incidents continue to occur although schools have policies and procedures in place. Policies and procedures ensure that due process and administrative justice are implemented when accidents and incidents occur. The well-being of learners is a partnership between the Department of Education, school administrators and educators to ensure a safe environment for learners at school and school related activities. Effective measures must be implemented and adapted to ensure the safety and security of learners in schools. The roles and functions of educators are guided by policies, but how educators implement them differs with every incident or event.