Exploring educators’ roles and functions in cases of delict to ensure substantive and procedural fairness

Abstract

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.