Student Rights and Misconduct in South Africa: A Balancing Act

Abstract

The current emergence of a human rights culture in South African educational practice has direct bearing on the approach to learner misconduct in public schools. A variety of landmark court cases are discussed here that deal with, inter alia, the school governing body's right to delegate certain powers, the occasional withdrawal of learners’ privileges, and the acknowledgment of students’ cultural and religious rights. Regarding serious misconduct, it is important to note that despite a single student's constitutional right to basic education, circumstances may occur where the rights of the law-abiding majority of the student body outweigh the right of a misbehaving student.