Introduction
When the learners are brought to school by their parents it is the legal duty and responsibility to protect and care for the learners so that they come to no physically and psychological harm falls on the education and the headmaster this is called loco-parentis principle(Joubert and Prinsloo 2008:140).The learners have the right to freedom and security is that everyone at the school and the most important thing is that everyone at the school is protected and the environment is conducive for teaching and learning and this can only be achieved in school that has good discipline. The headmasters major concern is that effective teaching and learning takes place which is highly dependent on good discipline which is the branch of knowledge or learning and training that develops self-control, character,orderness or efficiency (Rosen 2005:1),before the educators can discipline the learners they themselves in to conduct themselves in an orderly manner which will be of good example to the learners According to ( Joubert and Prinsloo 2008) learners have the right to a clean and safe environment that is conducive to education ,security of property ,well care for school facilities,
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Educators must ensure that the learners are not abused in any form this goes back to the fact of negligence in which the headmaster together with his or her colleagues failed to give enough care and attention to the learners hence one of them refuses to eat and struggles to sleep because of what she and others saw at the mortuary
The learners were not meant to be disciplined in this manner for it does not bring about corrective discipline which is the educator’s actions that are carried out to correct disruptive, anti-social or deviant behavior (Joubert and Prinsloo 2008:107).No person is to be in a cruel, inhuman or degrading way (Section 12(1)e Bill of Rights 108 of