EDL3703 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

EDL3703 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED Answers, guidelines, workings and references.............. Question 1 A code of conduct contains the most important rules of law concerning a state's political system, it determines the powers and functions of the government, and regulates the relationship between the state and its citizens. Question 2 Local governments have a direct responsibility for the provision of schooling within its municipalities. Question 3 The preventative disciple refers to an educator's actions that are carried out to correct disruptive, antisocial and deviant behaviour. Question 4 "Organ of state" means any department of state or administration in the executive, legislative or judicial sphere of government. Question 5 Personal rights relate to "things" that we as human beings create. Question 6 The Minister of Higher Education and Training may proclaim general education policy on matters set out in Question 6 The Minister of Higher Education and Training may proclaim general education policy on matters set out in the National Education Policy, Act 27 of 1996. Question 7 When a disciplinary hearing is held at school the Chairperson of the Disciplinary Committee must convey the decision, punishment and the reasons for the decision to the parties present. The reasons must be fair, just and based on relevant information. Question 8 The Court in Harksen v Lane NO 1997 (11) BCLR 1489 (CC) held that depending on the circumstances of each particular case, appropriate relief against an abuse of rights may include "a declaration of rights, an interdict, a mandamus or such other relief as may be required to ensure that the rights enshrined in the Constitution are protected and enforced". Question 9 The fundamental rights in the Bill of Rights binds all organs of state that apply and enforce rules of law. Question 10 The Court in Technofin Leasing & Finance (Pty) Ltd v Framesby High School and Another 2005 (6) SA 87 (SE) held that a public school may enter into a contract with another legal subject to purchase textbooks or to lease a photocopier, for example, and would bear all the responsibilities and liabilities attached to its status Question 10 The Court in Technofin Leasing & Finance (Pty) Ltd v Framesby High School and Another 2005 (6) SA 87 (SE) held that a public school may enter into a contract with another legal subject to purchase textbooks or to lease a photocopier, for example, and would bear all the responsibilities and liabilities attached to its status (including liability in the case of a proven breach of contract). Question 11 The Head of Department (HoD) must determine by notice in the Provincial Gazette — (a) the behaviour by a learner at a public school which may constitute serious misconduct; (b) disciplinary proceedings to be followed in such cases; and (c) provisions of due process safeguarding the interests of the learner and any other party involved in disciplinary proceedings. Question 12 The Court in Minister of Education v Harris 2001 (11) BCLR 1157 (CC) held that the equality clause prohibits unfair discrimination and although discrimination on the basis of culture and language is not per se unconstitutional, the school could not prove from the facts and circumstances of the case that the refusal to admit black learners was not to further its racist admission policy? Question 13 Extensive interpretation refers to a liberal or generous interpretation, meaning a flexible interpretation which considers the provisions of the Constitution, its spirit Extensive interpretation refers to a liberal or generous interpretation, meaning a flexible interpretation which considers the provisions of the Constitution, its spirit and purport, the intention of its drafters and the objectives of and reasons for adopting it. Question 14 In MEC for Education in Gauteng Province and Others v Governing body of Rivonia Primary School and Others [2013] ZACC 34, the majority of the Court held that co-operation is the compulsory norm in disputes between school governing bodies and national or provincial government. Question 15 Education legislation provides that a learner who is reasonably suspected of using illegal drugs may be subjected to a urine or other non-invasive test if the test is conducted by a person of the same gender and it is done in a public area in view of another educator. Question 16 According to one of the prescribed monographs further education should be regarded as an open-ended concept that includes all forms of education. Question 17 When conducting searches at schools, the following practical guidelines should be adhered to: Schools should have a clear set of rules and regulations dealing with searches and seizures, and parents and learners must be informed of the school's procedures for The Constitution of the Republic of South Africa, 1996 provides that public administration must be governed by the democratic values and norms such as participation, secrecy and accountability. Question 19 The governing body of a public school must consist of a majority of members who are parents at the school; with representatives of educators, non-educator personnel and representatives of learners making up the rest. Question 20 In Danielle Antonie v Governing Body, The Settlers High School and Head, Western Cape Education 2002 (4) SA 738 (C), the Court determined that freedom of expression in the school context can include freedom through dress and hairstyle.