The relationship between learners and teachers is regulated, directly and indirectly, by various instruments. Firstly, there is Constitution of the Republic of South Africa, 1996. Then there is a Schools Act, and there are well-established legal principles in terms of the common law, etc. In addition, Children’s Act does find application in this regard. One may further add schools code of conduct, public policy (i.e., what the legal convictions of society would regard as appropriate behaviour), and so on. The principles, from all these instruments, are aligned and the overriding principle is to safeguard “the best interests of the child.”
Mthokozisi Maphumulo, senior associate at Adams & Adams, joins us on our Legal Matters feature to talk about the nature of the teacher – pupil relationship, what the legal parameters are, as well as define the legal implications of having that relationship abused.
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