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Advocating for Mediation as a means of addressing underlying issues with Discipline at Public High Schools in South Africa

This paper discusses whether the disciplinary process in public high schools in South Africa achieves the purpose envisioned in the Schools Act. The purpose is to establish a disciplined schooling environment in which learners take responsibility for their behaviour and promote self-discipline. To e...

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Main Author: Tshifularo, Muofhe
Other Authors: Carels, Monique
Format: Thesis
Language:English
Published: Department of Commercial Law 2023
Subjects:
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access_status_str Open Access
author Tshifularo, Muofhe
author2 Carels, Monique
author_browse Carels, Monique
Tshifularo, Muofhe
author_facet Carels, Monique
Tshifularo, Muofhe
author_sort Tshifularo, Muofhe
collection Thesis
description This paper discusses whether the disciplinary process in public high schools in South Africa achieves the purpose envisioned in the Schools Act. The purpose is to establish a disciplined schooling environment in which learners take responsibility for their behaviour and promote self-discipline. To establish positive discipline. However, according to research, the current disciplinary process has failed to teach learners about responsibility and self-discipline. This paper. through literature review, analyses the challenges in the current laws relating to school discipline. The first challenge is that the current disciplinary proceeding is retributive and adversarial. This is not in line with positive discipline. The second challenge is that suspensions are not in the best interest of the child. Thus, to address these challenges, consideration is given to the inclusion of peer mediation into the high school disciplinary process. Peer mediation has been successfully integrated in New Zealand and the United States and has resulted in an improved sense of responsibility and a positive school environment. Thus, it is argued that integrating peer mediation as a preliminary step in the high school disciplinary process would help teach learners responsibility and self-discipline.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:32:00.945Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2023
publishDateRange 2023
publishDateSort 2023
publisher Department of Commercial Law
publisherStr Department of Commercial Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/37053 Advocating for Mediation as a means of addressing underlying issues with Discipline at Public High Schools in South Africa Tshifularo, Muofhe Carels, Monique Dispute Resolution This paper discusses whether the disciplinary process in public high schools in South Africa achieves the purpose envisioned in the Schools Act. The purpose is to establish a disciplined schooling environment in which learners take responsibility for their behaviour and promote self-discipline. To establish positive discipline. However, according to research, the current disciplinary process has failed to teach learners about responsibility and self-discipline. This paper. through literature review, analyses the challenges in the current laws relating to school discipline. The first challenge is that the current disciplinary proceeding is retributive and adversarial. This is not in line with positive discipline. The second challenge is that suspensions are not in the best interest of the child. Thus, to address these challenges, consideration is given to the inclusion of peer mediation into the high school disciplinary process. Peer mediation has been successfully integrated in New Zealand and the United States and has resulted in an improved sense of responsibility and a positive school environment. Thus, it is argued that integrating peer mediation as a preliminary step in the high school disciplinary process would help teach learners responsibility and self-discipline. 2023-02-23T13:11:42Z 2023-02-23T13:11:42Z 2022 2023-02-21T07:25:25Z Master Thesis Masters LLM http://hdl.handle.net/11427/37053 eng application/pdf Department of Commercial Law Faculty of Law
spellingShingle Dispute Resolution
Tshifularo, Muofhe
Advocating for Mediation as a means of addressing underlying issues with Discipline at Public High Schools in South Africa
thesis_degree_str Master's
title Advocating for Mediation as a means of addressing underlying issues with Discipline at Public High Schools in South Africa
title_full Advocating for Mediation as a means of addressing underlying issues with Discipline at Public High Schools in South Africa
title_fullStr Advocating for Mediation as a means of addressing underlying issues with Discipline at Public High Schools in South Africa
title_full_unstemmed Advocating for Mediation as a means of addressing underlying issues with Discipline at Public High Schools in South Africa
title_short Advocating for Mediation as a means of addressing underlying issues with Discipline at Public High Schools in South Africa
title_sort advocating for mediation as a means of addressing underlying issues with discipline at public high schools in south africa
topic Dispute Resolution
url http://hdl.handle.net/11427/37053
work_keys_str_mv AT tshifularomuofhe advocatingformediationasameansofaddressingunderlyingissueswithdisciplineatpublichighschoolsinsouthafrica