88 CHAPTER 3 POLICIES AND LEGISLATION INFLUENCING TEACHERS AND THE CULTURE OF LEARNING AND TEACHING 3.1. INTRODUCTION ‘After decades of apartheid, South Africa experienced the jubilation of the first non-racial elections in April 1994. One of the crucial challenges that the country faces is that, amongst other sectors of society, education is one of the most important and intractable issues in the new South Africa (Lemon 1995: 101). This means that the new democracy is faced with the reconstruction, against all odds, of a society and an education system left in ruins by apartheid. Since 1994, numerous changes have taken place in the education system in terms of the governance structures, curricula, and allocation of resources and funds, new policies and new legislation, In a document entitled Education in South Africa: Achievements since 1994 (Department of Education 2001: 3) it is said that the governments’ two imperatives have been to overcome the devastation of apartheid and provide a system that builds democracy. ‘As a result of this major aim of the government, as Jansen (2001: ix) points out, there has been a policy for everything from early childhood development to language in education to school finance to higher education, laws have been made, amended and re-made to give legal authority to formal policy. Changes in policy which includes the legislation and others are expected to filter down the hierarchy of the education system, that is from the national level to the school level (Sayed & Jansen 2001: 1). A major question, which has been posed by numerous academics and researchers, has been “* how these policies (which are called official statements) are put in practice at school level (that is, the experiences of teachers and learners in schools) (Motala 1998: 6; Sayed & Jansen 2001: 1). For instance, the implementation of Curriculum 2005 as one of the policies which were constructed after 1994 has been dodged with so much controversy from academics and researchers alike (Jansen & Christie 1999: 3). This policy is discussed in detail later. For the purpose of this study, the policy which is under the spotlight is the culture of learning and& 89 teaching campaign which was launched in 1997. (See Chapter 2 section 2.3.1). Officially, this campaign was intended to provide schools with ready funding to improve their physical infrastructure, and raise levels of teaching and learning within the schools (Department of Education 2001a: 18). However, as Jansen (2001: 92) and Malcolm (2001: 207) mentioned that several major difficulties surfaced including a poorly defined operational environment, 2 high rate of staff turn-over especially among provincial project managers, an appointment policy which meant hiring people lacking capacity for leadership in such an innovative and complex programme. It became clear as Malcolm (2001: 207) points out that part of changing a culture is through a reconceptualisation of roles of different participants and stakeholders, and also the reconceptualisation of what professionalism means at all levels of the education system. This implies that from the national level, down to the school level, each person has to understand their roles, possess and demonstrate professionalism in the way that they carry out their duties. Since this study is more focused on teachers, Malcolm (2001: 205) points out that for many principals and teachers in South Africa, the basics of professional behaviour such as motivation to perform well, punctuality, planning, task completion and ethical bebaviour are lacking. As a result of the above-mentioned issues, one of the aims of this study is to determine the important role that teachers have to play in order to enhance COLT and the academic achievement of learners in schools. The government, through the Department of Education has introduced policies, has promulgated Acts, and formed professional bodies and other structures in order to improve, amongst others, the teachers’ working conditions, motivation and professionalism. Teacher unions and organisations take care of the interests, concerns and grievances of teachers. At school level, teachers form part of the school governing body so that they can voice their opinions regarding daily issues in the school. Hence, this chapter will deal with the following: © Legislation such as the South African Constitution of 1996, Education Labour Relations Act of 1993, the Labour Relations Act of 1995, the National Education Policy Act of 1996, and the South African Schools Act of 1996, professional bodies, © new polices and resolutions; as well as the COLTS campaigné 90 the role of the teacher unions and organisations in as far as teacher © motivation, professionalism and COLT is concerned. 3.2 LEGISLATION 3.2.1 Introduction The law gives particular recognition to the professional status of the teacher by awarding them certain rights, duties and responsibilities, and knowledge of relevant legal arrangements is a necessary prerequisite for a professional attitude (Bondesio et al 1989: 153). This implies that the law can help teachers to know their rights and also the rights of the learners. This can make teachers feel comfortable and recognized as members of society. There is legislation which is directly related to education and legislation that is not. The research will first of all begin with the legislation which is not directly linked to teaching, but has an impact on teachers as they form part of society. For instance, the Constitution entrenches a variety of tights which all South Africans are entitled to, such as the right to assemble, to demonstrate, and to picket and to present petitions (Section 17). Hence, the next section will discuss those sections of the Constitution that are relevant to this study only. 3.2.2 The Republic of South African Constitution of 1996, no.108 The Republic of South Africa Constitution no.108 of 1996 is the supreme law; hence all citizens are entitled to all rights, privileges and benefits which are entrenched in it. Teachers as a part of society also enjoy all the fundamental rights in the Constitution, for example, the right to: a) equality (section 9) b) human dignity (section 10) ©) _ privacy (section 14) d) freedom of expression (section 16) ©) assembly, demonstration, picket and petition (section 17)f) freedom of trade, occupation and profession (section 22) g) _ labour relations (section 23) h) education (section 29). In the light of South African Council Educators’ right to regulate the professional conduct of educators, it is also important that both teachers and SACE know their rights and limitations, so that both parties can be able to respect the teachers’ fundamental rights such as freedom of expression, right to assembly, picket and petition, freedom of association, freedom of trade, occupation and profession, and labour relations (Joubert & Prinsloo 2001: 164). These sections of the South African Constitution are linked to the issue of teacher trade unionism discussed later in the chapter. Since the issue of trade unionism can be likely to have an impact on the educators’ motivation and professionalism, sections 17, 18, 22 and 23 seem to be more relevant to the study in a sense that maybe one would have expected that with such provision, teachers may use the provisions to their advantage without loosing their professionalism and motivation. For the purpose of this study, sections 17, 18, 22, and 23 of the Constitution (1996) will be discussed in conjunction with other legislation such as the Education Labour Relations Act of 1993 which was later replaced by the Labour Relations Act of 1995, and also the Educators Employment Act of 1998. According to the South African Constitution, No.108 of 1996, page 13, Section 29, Everyone has the right @) to a basic education, including adult basic education; and b) to further education, which the state, through reasonable measures, must make progressively available and accessible. This means that the Constitution recognises that everyone has a right to basic education and it is the responsibility of the state to ensure that everyone receives basic education. For example, the state must see to it that enough schools are built and maintained, teachers are trained and paid, books and other materials for the schools are purchased, and that good