Abstract
M.Ed.
The main aim of administrative principles of natural justice as part of South African Common Law, as well as the inclusion of this concept in Sections 24 of the Interim Constitution Act No:200 of 1993 and Section 33 of the 1996 Draft Constitution of the Republic of South Africa is to ensure administrative justice in the workplace as well as to ensure the observance of a human rights culture within the broader framework of constitutional, administrative, Labour and Public International law.
In line with South African Case Law, all the above and
International standards regarding administrative and workplace justice, this study on the administrative principles of natural justice was undertaken in order to examine the role of these principles in school management as well as the extend to which these rules are observed as aforesaid. The Concept of "natural justice" can be described as the natural sense of what is right, wrong and fair. It simply means that a man's defence must always be fairly heard and that a man may not be a judge in his own cause. It therefore entails the principles of Audi alteram partem (hearing the other side) and ]Memo iudex in re sua causa (no one can be a judge in his own cause.) There is lack of knowledge about Educational law amongst educators and managers in education. This leads to gross irregularities and violation of fundamental human rights. Some of the irregularities committed in Contravention of the administrative principles of natural justice are inter alia: not notifying teachers timeously and properly about pending charges against them, Expelling educators from school without a hearing, not allowing educators to be represented by Trade Union officials in matters that would eventually lead to disciplinary enquiries, non-recusal by managers in matters in which there may be a conflict of interests etc. Administrative justice in the Educational Workplace can only be achieved if educators and managers are empowered on the two administrative principles of natural justice and various aspects of educational law. In the area covered by this study for instance, there are over five educators who have been expelled
from their schools as far back as 1994 and whose cases of
misconduct have either not been heard or if heard, were
characterised by irregularities that impeded the logical
conclusion thereof. Several Recommendations on how to ensure that educators and managers are empowered to know and observe the rules of natural justice and the various aspects of Educational law have been formulated in this study.