n Tydskrif vir die Suid-Afrikaanse Reg - Expulsion : an appropriate remedy to serious misconduct in public schools : regspraak

Volume 2009, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The advent of constitutional supremacy with first the enactment of the interim constitution of 1993 (Constitution of the Republic of South Africa 200 of 1993) and thereafter with the enactment of the Constitution of the Republic of South Africa, 1996, has transformed the entire legal order of South Africa. The constitution together with its bill of rights impacts not only on the legal order in general but also on specialized fields such as education. In this regard the constitution acknowledges the right to education as a constitutional entitlement (see s 29(1)(a) and (b)) and also determines the normative framework for the development and enactment of a new national South African Schools Act 84 of 1996. The act reiterates the constitutional right to education in its preamble, namely the provision of an education of progressively high quality for all learners. Education should be provided in terms of the said act in a disciplined and purposeful school environment, dedicated to the improvement and maintenance of the quality of the learning process (s 8(2) of Act 84 of 1996). The disciplining of learners and the disciplinary process in schools are thus without a doubt of great importance in the broader domain of education.

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