Some thoughts on the meaning of the concepts "school" and "public school" for the purposes of the prohibition of corporal punishment and unlawful initiation practices

Abstract

The South African Schools Act 84 of 1996 ("Schools Act") is generally intended to provide for a uniform system in respect of the organisation, governance and funding of schools. It should thus come as no surprise that the terms ‘‘school’’ and ‘‘public school’’ are used extensively in this legislation. The proper interpretation of these key concepts is obviously of particular importance for the correct application of the provisions of the Schools Act. This contribution analyses aspects of the terms ‘‘school’’ and ‘‘public school’’ as they are used in the Schools Act and, by way of illustration, examines some of the implications in regard to the important prohibitions of corporal punishment and unlawful initiation practices in schools.