Bridging the gap: Constitutional rights and evidentiary standards in South African school discipline processes

Bridging the gap: Constitutional rights and evidentiary standards in South African school discipline processes

Katlego Arnold Mashego & Tshilidzi Knowles Khangala

Issue: Vol. 7 No.9 2026 Article 2 pp.2495 – 2507
DOI: https://doi.org/10.38159/ehass.2026792Published online 22nd October 2026

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ABSTRACT

This paper examined the complex interplay between constitutional rights, administrative justice, and evidentiary standards in South African school disciplinary hearings. It investigated the persistent challenge of balancing the need for institutional discipline with the imperative to protect learners’ rights to fair procedures, dignity, and basic education. Focusing on the role of School Governing Bodies (SGBs), the analysis traverses the constitutional and legislative framework, including the recent Basic Education Laws Amendment (BELA) Act, as well as relevant case law. The study identified critical implementation challenges, primarily stemming from SGBs’ limited legal capacity and systemic resource constraints, which collectively undermine the promise of disciplinary equity. It further evaluated the often-overlooked oversight function of Portfolio Committees on Education in promoting procedural fairness. The findings indicate that despite a sophisticated legal architecture, a significant implementation gap perpetuates injustice. The paper concludes with pragmatic recommendations centred on robust capacity-building for SGBs, the standardisation of evidentiary protocols, and the meaningful integration of restorative justice approaches, thereby contributing to the broader scholarly discourse on transformative constitutionalism within everyday administrative proceedings.

Keywords: Disciplinary hearings, School Governing Bodies, procedural fairness, admissibility of evidence, transformative constitutionalism, BELA.

BIBLIOGRAPHY

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ABOUT AUTHOR(S)

Katlego Arnold Mashego is a Lecturer at Tshwane University of Technology and the Manager of the TUT Law Clinic, where he oversees the provision of free legal assistance to indigent and vulnerable community members. He has several years of teaching experience at various institutions of higher learning. He holds a National Diploma in Legal Assistance and a BTech in Business Administration from Tshwane University of Technology, a Certificate in International Business Management from Osnabrück University of Applied Sciences (Germany), a Bachelor of Laws (LLB) from the University of South Africa, and a Master of Laws (LLM) from the University of the Western Cape. He recently completed a Doctor of Laws (LLD) degree at the University of the Western Cape. He has presented papers at both national and international conferences and has published several journal articles and book chapters.

Tshilidzi Knowles Khangala is a Lecturer at Tshwane University of Technology, an admitted Advocate of the High Court of South Africa, and a member of the TUT Law Clinic. He has more than 15 years of teaching experience at various institutions of higher learning. He previously served as a Deputy Director in the Gauteng Department of Education for six years. He holds a Bachelor of Laws (LLB) and a Master of Laws (LLM) from the University of Venda, as well as a Postgraduate Diploma in Public Administration from the University of South Africa. He is currently pursuing a Doctor of Laws (LLD) degree at the University of the Western Cape. He has presented papers at both national and international conferences and has published more than 10 journal articles and six book chapters.

TO CITE ARTICLE

Mashego, Katlego Arnold, and Tshilidzi Knowles Khangala. “Bridging the gap: Constitutional rights and evidentiary standards in South African school discipline processes.” E-Journal of Humanities, Arts and Social Sciences 7, no.9 (2026): 2495 – 2507. https://doi.org/10.38159/ehass.2026792