Pubdate: Tue, 11 Sep 2007
Source: Business Day (South Africa)
Copyright: 2007 Business Day.
Contact:  http://www.bday.co.za/
Details: http://www.mapinc.org/media/2925
Author: Linda Ensor, Political Correspondent

RIGHTS BODY WARNS ON SCHOOL CLAMPS

CAPE TOWN - The education department would have to take care that it 
did not violate the constitution and infringe on children's rights in 
its attempt to clamp down on violent and drug-addictive school 
behaviour, the South African Human Rights Commission cautioned yesterday.

The department has tabled controversial amendments to the Education 
Laws Act which have drawn opposition from school governing bodies, 
parents and unions.

As well as proposing measures to randomly search pupils for weapons 
and test pupils for drug use, the bill proposes to introduce a set of 
uniform norms and standards for all schools throughout the country 
with regard to basic infrastructure.

Parliament's education portfolio committee heard yesterday that the 
rights commission has been concerned for some time about the high 
level of violence at schools, some of which it found were infiltrated 
with gangsterism, vandalism and drugs.

It welcomed the government's attempt to create a legislative 
framework for a safe school environment. The bill proposes to give 
school principals the power to intervene in narrowly defined 
circumstances where there is a reasonable suspicion that a learner is 
carrying a dangerous object or drug.

The head of the commission's monitoring programme, Judith Cohen, said 
care had to be taken when introducing limitations to children's 
rights. She proposed a number of ways to search for and seize drugs 
that would reduce this risk. She also expressed concern about 
teachers being asked to perform the functions of the police.

Cohen believed it would be more appropriate for the police or other 
departments to conduct random drug tests, because if teachers did so 
it could hurt their relationships with pupils .

She said it had to be an absolute prerequisite that parents sign 
consent forms for random drug testing before this was undertaken .

Trade unions were opposed to provisions in the bill that would remove 
any legal obligation on Education Minister Naledi Pandor to consult 
them and other stakeholders.

Various associations of school governors - the Governing Body 
Foundation, the Federation of Governing Bodies of South African 
Schools (Fedsas) and the Governor s Alliance - protested strongly 
against the bill's proposals to limit their powers and undermine the 
role of parents in decision-making.

Fedsas CEO Paul Colditz said the effect of the amendments would be to 
place education "almost exclusively in the hands of the minister and 
her departmental officials".
- ---
MAP posted-by: Keith Brilhart