The intent of this multi-strategy research study was to obtain an educational-juridical perspective on the status of educators in South Africa. Not only was the relationship between school community perceptions measured, but a comparative law method was also used in order to compare the status of educators in South Africa, Belgium (Flemish community) and England/Wales. Chapter Two sets out to investigate the private and public law status of South African educators, by considering educators‟ entitlement to fundamental rights, obligation placed on educators with regard to the fundamental rights of learners and parents/caregivers, and relevant education specific, as well as general legislation. At the same time, current literature relating to the legal status of educators and factors contributing to perceptions concerning the status of educators were consulted. In order to determine the extent to which the South African legal framework for the status of educators differs from those of Belgium and England/Wales, the researcher explored the private and public law status of educators in the two countries in Chapter Three. Hereafter, the legal status of educators in South Africa, Belgium and England/Wales was compared and contrasted in Chapter Five, aiming at finding possible contributions which the international perspective can offer to the South African situation. A survey was conducted in order to determine perceptions of the South African school community concerning the status of educators. Questionnaires were filled out by sampled learners, educators and parents/caregivers at a variety of public schools. The researcher used the data in conjunction with the information obtained from the literature study to make sound recommendations to establish better relationships between role players in the South African school community. The research study not only provides a better understanding of the precise nature of the legal status of South African educators, but also allows for recommendations to be made to advocate for change in the perceptions which learners, educators and parents/caregivers have concerning the status of educators. In this manner, educator confidence can be enhanced and greater job satisfaction created, leading to an improved teaching and learning climate.

PhD (Education Law)--North-West University, Vaal Triangle Campus, 2015

Doctoral