, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
Question 1
1.1. Discuss the constitutional requirements for just administrative action.
According to Section 33 of the South African Constitution, every individual has the right to just
administrative action that is lawful, reasonable, and procedurally fair. This includes a right to be
given reasons for any action that negatively affects them. The state is required to provide fair and
transparent procedures, ensuring that individuals are informed of the reasons behind decisions, are
given an opportunity to make representations, and are treated in an unbiased manner. This principle
is reinforced by the Promotion of Administrative Justice Act (PAJA) 3 of 2000, which sets out
specific requirements for administrative actions in South Africa (EDL3703, Study Guide, p. 44).
1.2. List and briefly discuss the basic elements of procedural fairness (found in common law and
also in statute) which a school has to comply with when a learner is faced with disciplinary
proceedings.
Procedural fairness ensures that learners facing disciplinary actions are treated justly. The key
elements of procedural fairness include:
Hearing and Notice: The learner must be informed of the charge against them in a clear and
understandable language before the disciplinary hearing (CELP, Learner Discipline in Schools,
p. 45).
Right to Information: The learner must be provided with details of the charge and any evidence
that will be used against them.
Right to Representation: Learners are entitled to be represented during the hearing, either by a
legal representative, a parent, or another person of their choice (EDL3703, Study Guide, p. 35).
Impartial Tribunal: The disciplinary committee must be impartial and free from bias, ensuring
fairness in the proceedings (CELP, p. 45).
Right to Appeal: If the learner is dissatisfied with the decision, they have the right to appeal to
a higher authority (EDL3703, Study Guide, p. 36).
Reasons for the Decision: A clear explanation of the disciplinary decision must be provided to
the learner, detailing why the action was taken (CELP, p. 45).
Question 1
1.1. Discuss the constitutional requirements for just administrative action.
According to Section 33 of the South African Constitution, every individual has the right to just
administrative action that is lawful, reasonable, and procedurally fair. This includes a right to be
given reasons for any action that negatively affects them. The state is required to provide fair and
transparent procedures, ensuring that individuals are informed of the reasons behind decisions, are
given an opportunity to make representations, and are treated in an unbiased manner. This principle
is reinforced by the Promotion of Administrative Justice Act (PAJA) 3 of 2000, which sets out
specific requirements for administrative actions in South Africa (EDL3703, Study Guide, p. 44).
1.2. List and briefly discuss the basic elements of procedural fairness (found in common law and
also in statute) which a school has to comply with when a learner is faced with disciplinary
proceedings.
Procedural fairness ensures that learners facing disciplinary actions are treated justly. The key
elements of procedural fairness include:
Hearing and Notice: The learner must be informed of the charge against them in a clear and
understandable language before the disciplinary hearing (CELP, Learner Discipline in Schools,
p. 45).
Right to Information: The learner must be provided with details of the charge and any evidence
that will be used against them.
Right to Representation: Learners are entitled to be represented during the hearing, either by a
legal representative, a parent, or another person of their choice (EDL3703, Study Guide, p. 35).
Impartial Tribunal: The disciplinary committee must be impartial and free from bias, ensuring
fairness in the proceedings (CELP, p. 45).
Right to Appeal: If the learner is dissatisfied with the decision, they have the right to appeal to
a higher authority (EDL3703, Study Guide, p. 36).
Reasons for the Decision: A clear explanation of the disciplinary decision must be provided to
the learner, detailing why the action was taken (CELP, p. 45).
