1. The South African Constitution as a framework for code of conducts/ school rules
The South African Constitution is the supreme law of the Republic (constitution of South Africa, 1996, p.55), its
principles and norms govern or guide all public endeavours such as education. The Bill of Rights provides the right to
equality in section 9 and the education rights in section 29, both of these sections have a direct bearing on the pursuance of
equal educational opportunities.
In South Africa, the issues of equality in education are intertwined or linked with the redress of racial discrimination and
inequality of apartheid. Equality is more than redress. It is about creating opportunities for people to realise their potential
irrespective of race, gender, age or disability. Equality is about treating people with respect, dignity, freedom and
uniqueness. State must provide what is fair and just to everybody.
According to Berger (2003) “In education the constitutional and legal framework to redress the situation, to achieve
greater equity and to move proactively towards the realisation of equal opportunities is more or less in place”. The
promotion of equal learning opportunities is crucially important because quality education is so vital to the improvements
of general quality of life. The virtues or benefits of education in preparing learners for life, in meaningful interactions with
other human beings, for constructive civic and political involvement stand beyond reason. Education is the foundation of a
good citizenship.
The provisions in South African Constitution on equality and education have to be interpreted within the context of the
Constitution as a whole. In referring to all the underlying values of Constitution, section 39(1) which provides that when
interpreting the Bill of Rights:
 The values underlying or stimulating an open and democratic society based on human dignity, equality and
freedom must be promoted.
 International law and or foreign law must be considered.
In education that deals with the cultural, linguistic and religion diversity of South African society is particular challenge
(Venter, 1998).

2. Discipline at school has two very important goals, namely, to create an environment conducive to learning and teaching
and to ensure the safety of staff and learners. If certain learners are too scared to attend school because they fill threatened
the behaviour of other learners in school disrupts the normal teaching and learning process. This can have a serious impact
on learners’ access to equal education opportunities. South African educators, parents and learners and governing bodies
face one of the most important challenges in trying to create and maintains a disciplined and safe environment.
School rules
School rules constitute a particular form of subordinate legislation (that is code of conduct for learners). They control order
and governance within the sphere of activities of a particular school. Those school rules are aimed at regulating the mutual
acts of the learners amongst themselves, learners in relationship to school as an organisation and learners with relationship
with educators. One of the objectives of the law of education is to ensure justice and order. The characteristics of law
according to Hosten et al (1998:26) is that it creates order within society, law must regulate conditions within the society in
an orderly way. The community must be viewed before any law is amended, failed to do so would be met with strong
resistance and law imposes restrictions. The education law regulates education by making use of the principles. The
regulations of the school management are to be found on the constitution. In order to frame school rules the attention must
be paid to the principles of education and management.
A few examples of the school rules are rules that are:
 Prescribing learners clothing
 Prescribing learners appearance e.g. hair length, moustache, wearing of earrings, girl’s finger nails etc.
 Determines breaks, periods and closing time of school.
 Regulates learners conduct in the classroom, school grounds or sports fields and in all other school activities
such as extra-mural activities home or away from the school.
 Prescribing learners behaviour during the changing of classes.
 Determining the code of conduct in classrooms, between educators and learners.
 Applicable for administrative procedures in school e.g. the adoption of learner absence procedures during exams,
late school attendance and when school fees have to be paid (due date).

3.  Scheduled procedures for the appointment to see or visit the Principal
The functions of a code of conduct / school rules
Safety and disciplined school is a product of a well drafted and well formulated school rules, “you reap what you sow” If
ever the school has drafted an inadequate or poor school rules and application can be at an disadvantage and that can cause
or lies in the disfunctioning of the school. Application of strict rules can also affect or have a negative effect on the school
because it would be rigid of unsympathetic to the learners and they will live with fear inside the school premises. Rules
must be design to regulate general issues and provide for categories (group) of circumstances. Inequality can be created by
impersonal application or creation of school rules and the context must be considered in the intent or directed. School rules
cater for all not specifically for an individual. That means they are for general purpose application hence the educator need
to evaluate each case on its own merits:
 Maintain discipline: school rules are essential to maintain order and effective education.
 Legal certainty: educators, parents and learners must work hand to hand to instil a disciplined society.
 Consistency: the consistency of actions against the transgressor may be increased if school rules exist.
 A norm for proper conduct: school rules serve as an action of code of conduct and emphasizes or highlights are on
the correctness of appropriate behaviour between the learners and educators.
 Fairness and the standard of reasonableness: a decision is reasonable if all relevant factors have been taken into
considerations. Parents and learners are of fairness or unfair ness of a teacher’s action towards learner.
 Regulation routine activities: a fixed routine is needed in order to create a better order and a work together
environment.
 A secure environment: a safe and reliable environment is created when learners conform or act to the school rules.
 Attainment of objectives: school rules are formulated to be on with the goal set on the school’s documents and that
contribute to the attainment of objectives or intentions of the school.
The purpose of discipline within the code of conducts / school rules
A set of school rules is necessary at every school to ensure effective educational training. The educators should be fully
conversant or knowledgeable with school rules in order for them to carry their professional duties. School rules only apply

4. internally (to the school). The principal should be aware of the fact that certain rules apply to the drafting of school rules.
The relevant school rules should be brought to the role players. School legislation as form of law, creates order and
regulates school society. One of most important methods in interpretation of statutes or rulings was to determine the
intention of legislature or governing body. The statutory interpretation must reflect the purpose of legislation (Botha,
1996:43). Each word must bear a meaning, this implies that unless the opposite is clearly applicable and the interpreter
should afford a meaning to every word that appear in the legislation text. The basic principle is that nothing omitted or
added from the meaning of the words used in the text. The long title serves as an aid to interpret in the sense that it gives a
short description of the topic of the specific legislation.
The requirements of valid school rules
The requirements of a valid school rules is that it is important that the educational manager must be aware of the applicable
drafted school rules. The educational manager or head must comply and supply a sound judicial base or system of authority
which he or she can manage all educational activities. School rules must not conflict with the existing law or constitution
e.g. policies, legislation, instructions or the directions of the head of education. School rules cannot be the arbitrary or
subjective creation of the educators and principal.
Section 8 of the South African Schools Act (SA, 1996(c)) determines the following with regard to the establishments of
code of conduct:
 The governing body must adopt a code of conduct for school after consulting with parents and their learners as
well as educators.
 The code of conduct must be aimed at establishing respectful or humbled and discipline or self-controlled school
environment and that can improve the quality of learning.
 The consideration of the governing body in adopting the school rules for learners can be determined by the national
Minister.
 No learner is exempted from obligation or requirement to comply obey the school rules of the school he or she is
attending. But that means that every learner is subjected to follow and act according to the code of conduct of the
school.

5.  School rules must contain provisions of due processes which must be followed in disciplinary proceedings. For
any learner who happens to transgress the school rules then the school disciplinary procedures will be taken fairly.
 The promotion of fairness and lawfulness must safeguards all interested parties and ensures fair procedures.
The following provisions of the regulations must be adhered too, when school rules are formulated:
 Regulations for safety measures at public schools.
 Regulations relating to the exemption of parents from paying of school fees in public schools.
 Regulations to prohibit initiation practices in schools.
 Safety measures at independent school.
Publication of school rules are to be published on the school‘s notice boards, school application forms, in order to enable
all role parents, learners and educators. Community needs the education and teaching which the responsibilities of the
society. Society has a general responsibility to educate and teach its members. The school functions after before there was
a parental community which has its own beliefs, values, norms and customs. The philosophy of life of the parental
community cannot be disregarded as well as their religious base or beliefs. School rules should be fair, equitable and
reasonable, if the by-law or regulation is uncertain, then it is unreasonable.
References
1. http://www.education.gov.za/LinkClick.aspx?fileticket=apCdz3vkmp8%3D&tabid=335&mid=971 accessed on 16
September 2014 by Nkohla M.B.
2. Oosthuzen,IJ, Bray.W,Mentz.PJ, et al, 1998 Aspects of educational law, Van Schaik publishers, Pretoria, South
Africa.
3. Oosthuizen.I J, Botha.P, Roos.MC, et al, 2009 Aspects of educational law, Van Schaik publishers, Pretoria, South
Africa.
4. Russo.CJ, et al, 2005, Equal educational opportunities, Van Schaik publishers Pretoria, South Africa.