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Critiquing the Guidelines for Adopting a Code of Conduct for Learners: A Legal Perspective
Abstract:Abstract

The time has come for a thorough review of the Guidelines for the Consideration of Governing Bodies in Adopting a Code of Conduct for Learners (hereafter the Guidelines). More than 20 years after its original publication, no amendments have been made to this important document. To substantiate the case for review, some of the most significant contradictions with the provisions of the South African Schools Act 84 of 1996 are highlighted, as well as serious lacunae with regard to the definition of important concepts and the failure to incorporate constitutional developments that impact on school discipline and should be reflected in the code of conduct of all schools. School governing body members are mostly laypeople and guidance on legal aspects and developments should therefore be included in the Guidelines.
Keywords:best interests of the child  code of conduct  consultation  Guidelines for the Consideration of Governing Bodies in Adopting a Code of Conduct for Learners  support and counselling  positive discipline  school discipline  suspension
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