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Theme 1:Current Legislation Governing Schools - LO1: Examine the relevant…

- - - - The SA Schools Act of 1996
      - Related labour legislation.
      - The Constitution of the Republic of SA.
  - - - Administrative policies -rules and procedures that guide how education is managed.
      - Judicial decisions/court judgments - decisions made by courts that help interpret and apply the law.
      - Acts/laws - legislation governing education.
    - - Respect the rights of all interested parties.
      - Understand their own duties and responsibilities.
      - Understand the relevant laws and regulations.
- - - - This helps them avoid making decisions that could result in lawsuits.
      - Educators and managers need to understand education law processes and principles.
    - - This helps ensure that decisions are legally correct.
      - Knowledge of education law helps principals determine:
        
        When they should seek advice from legal experts.
        
        Which decisions they can make independently.
    - - Legally correct decisions can prevent legal problems for the decision-maker.
      - Legal knowledge also contributes to:
        
        Physical safety.
        
        Psychological safety.
        
        A safe school environment overall.
      - Education law helps principals make decisions that promote the safety of learners and staff.
    - - People who understand their duties and responsibilities can better protect their own interests.
      - They can:
        
        Carry out their own duties properly.
        
        Ensure that others fulfil their responsibilities.
    - - People working in a particular field are expected to stay up to date with the laws and principles governing that field.
      - Educators and school managers therefore need to keep informed about education legislation.
    - - Knowledge of legal requirements help managers identify the legal factors that must be considered before making a decision.
      - A person who understands the relevant law can make better-informed decisions than someone who doesn't.
- - - - Private law
        
        The parties are generally considered to have an equal relationship.
        
        Mainly focuses on private or personal interests.
        
        Involves relationships between private individuals or entities.
      - Public law.
        
        Involves a vertical or authoritative relationship.
        
        A public authority has legal power or authority over another person.
  - - - Labour law.
      - Constitution law.
      - Contract law.
      - Law of delict.
      - Administrative law.
      - Human rights law.
- - - - National government.
      - Provincial government.
      - Local government.
  - - - Adopted by Parliament.
      - Published in terms of the original legislation.
      - Legally binding