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Private education in South Africa : the legal status and management of private schools

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dc.contributor.advisor Parker-Jenkins, Marie Squelch, Joan Maureen 2015-01-23T04:24:17Z 2015-01-23T04:24:17Z 1997-01
dc.identifier.citation Squelch, Joan Maureen (1997) Private education in South Africa : the legal status and management of private schools, University of South Africa, Pretoria, <> en
dc.description.abstract World-wide, the nature, purpose and existence of private education has evoked intense interest and controversial debate. For many, private education presents a legal-moral dilemma. On the one hand, it is recognised as a fundamental right in terms of freedom of association, religion and culture. On the other, it raises perplexing moral and philosophical issues about social exclusivity, selectivity and elitism. Notwithstanding the equally compelling legal, social, economic, educational and political arguments for and against private education, private schools in South Africa, which are increasing in number, continue to form an essential and permanent part of the education system. Private education is a complex subject which can be researched from a myriad of perspectives. This study is essentially a legal enquiry into the legal status of private schools in South Africa within the new democratic constitutional dispensation and how the law affects the organisation, governance and management of private schools. To this end, the study is confined to a discussion on legal aspects relating to private school governance, public funding of private schools, teachers' appointments and discipline, student admission and discipline and religious freedom. In discussing the legal context of such topics, a number of issues emerged concerning the complex nature and diversity of private schools, the relationship between the State and the private school sector, the right of private schools to exist and the implications of the bill of rights for private schools. Furthermore, the study raises challenging questions about the issues of choice, autonomy, religious freedom and diversity, which lie at the heart of the establishment and maintenance of private schools in a democratic society. Finally, one of the difficulties of conducting such a study is that South African law is complex and changing, and it is still in a state of evolution, given the recentness of the Constitution and the bill of rights. This means that while some legal issues pertaining to private schools are fairly well settled, for the most part it is not possible to provide a comprehensive or definitive statement about complex and often highly sensitive issues but merely to pose various legal-education questions and problems for consideration. In time, many of the issues raised will no doubt be settled by the courts
dc.format.extent 1 online resource (xvi, 294 leaves)
dc.language.iso en
dc.subject Private education en
dc.subject Independent schools en
dc.subject School administration en
dc.subject School financing en
dc.subject Human rights en
dc.subject Private school law en
dc.subject Private law en
dc.subject Public law en
dc.subject South African law en
dc.subject Constitutional law en
dc.subject Administrative law en
dc.subject Company law en
dc.subject Legal research en
dc.subject Educational research en
dc.subject.ddc 379.30968 en
dc.subject.lcsh School management and organization -- South Africa en
dc.subject.lcsh Private schools -- South Africa en
dc.subject.lcsh School management and organization -- Law and legislation -- South Africa en
dc.subject.lcsh Educational law and legislation -- South Africa en
dc.title Private education in South Africa : the legal status and management of private schools en
dc.type Thesis
dc.description.department Educational Leadership and Management D.Ed. (Educational Management

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