The Case for a National Educational Policy on Alternative Disciplinary Measures for Learners in Kenyan Schools: Lessons from South Africa
Abstract
Oftentimes discipline to the children has been guided by the values, principles and religious provisions such as sparing the rod and spoiling the child among others. Such values continue to perpetuate the notion that physical punishment for children is necessary to ensure that they grow uprightly and, in a manner that will be beneficial to them in their personal development. This paper being a comparative study on the national policies for alternative disciplinary processes for learners in Kenyan and South African Schools aims to break down the existing legislations and policies that prohibit corporal punishment in Kenya. The methodology within this paper is pure desk research that relies on articles, books, journals and other sources from academic and professional platforms that highlight the topical issues being tackled herewith. The problems of the existing framework on corporal punishment in Kenya are dissected to bring out its shortcomings. The landscape and indiscipline within the Kenyan education system are highlighted as well as that of South Africa. South Africa having established reforms against corporal punishment becomes a crucial jurisdiction for this study as it provides lessons that Kenya can learn from the South African Experience. From this paper, it is evident that the prohibition of corporal punishment within the education system does not in any way create a gap in terms of disciplining children but rather creates an alternative means of instilling discipline in children, an alternative that is effective in nature and one that has a positive impact
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References
Abolition of Corporal Punishment Act 33 of 1997. (1997). https://www.gov.za/documents/abolition-corporal-punishment-act
Alternatives_corporal_punishment.PDF. (2005). https://www.westerncape.gov.za/text/2005/7/alternatives_corporal_punishmen.pdf
Basic education rights handbook - section 27. (n.d.). Retrieved February 15, 2023, from https://section27.org.za/basic-education-handbook/
Busienei, A. J. (2012). Alternative methods to corporal punishment and their efficacy. Journal of Emerging Trends in Educational Research and Policy Studies, 3(2), 155-161. http://erepository.uonbi.ac.ke/handle/11295/102818
Durrant, J. E., Stewart-Tufescu, A., & Afifi, T. O. (2020). Recognizing the child’s right to protection from physical violence: An update on progress and a call to action. Child Abuse & Neglect, 110, 104297. https://doi.org/10.1016/j.chiabu.2020.104297
Global Initiative to End All Corporal Punishment of Children. (n.d.). South Africa. Retrieved February 15, 2023, from https://endcorporalpunishment.org/reports-on-every-state-and-territory/south-africa/
Harber, C. (2001). Schooling and violence in South Africa: Creating a safer school. Intercultural Education, 12(3), 261-271.
Kiambo, A. L. & C. (2022, October 5). The terrors of Kenya’s school fire epidemic. BBC News. Retrieved February 15, 2023, from https://www.bbc.com/news/world-africa-60309939
Kweyu, C. (2022, February 25). The student behind Moi Girls High School fire tragedy was handed a five-year jail term. The Standard. Retrieved February 15, 2023, from https://www.standardmedia.co.ke/article/2001438595/student-behind-moi-girls-fire-tragedy-that-killed-10-handed-five-year-jail-term
Learner Discipline and School Management - Western Cape. (2007). Retrieved February 15, 2023, from https://wcedonline.westerncape.gov.za/documents/LearnerDiscipline/Learner_Discipline_and_School_Management.pdf
Morrell, R. (2001). Corporal punishment in South African schools: A neglected explanation for its existence. South African Journal of Education, 21(4), 292-299.
Ndofirepi, A., Makaye, J., & Ndofirepi, E. S. (2012). To discipline or to punish? A critical discourse on schooling in South Africa. Greener Journal of Educational Research, 2(4), 083– 090. https://doi.org/10.15580/gjer.2012.4.103112182
Shaikhnag, N., & Assan, T. E. B. (2014). The effects of abolishing corporal punishment on learner behaviour in South African high schools. Mediterranean Journal of Social Sciences, 5(7), 435.
The Basic Education Act, 2013.
The Children Act, 2022.
The Children’s Act South Africa, 2005.
The Constitution of Kenya, 2010.
The National Educational Policy Act (NEPA) 27 of 1996.
Waithaka, T. K. (1970, January 1). Indiscipline in public secondary schools: The case of Nairobi County. UoN Digital Repository Home. Retrieved February 15, 2023, from http://erepository.uonbi.ac.ke/handle/11295/102818
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