SAE3701 Assignment 3 (South African
Education Law) EXAM STUDY GUIDE
2025/2026 || QUESTIONS & VERIFIED
SOLUTIONS <UPDATED>
Q1.
Which constitutional provision forms the foundation of the right to education in South Africa?
a) Section 10
b) Section 27
c) Section 29
d) Section 32
Answer: c) Section 29
Explanation: Section 29 of the Constitution of the Republic of South Africa, 1996 guarantees
everyone the right to basic education and further education, which the state must make
progressively available and accessible. This section is central to education law.
Q2.
,The South African Schools Act (SASA) of 1996 primarily aims to:
a) Promote higher education research
b) Establish a uniform system for the organization, governance, and funding of schools
c) Protect teachers’ employment contracts
d) Regulate private tertiary institutions
Answer: b) Establish a uniform system for the organization, governance, and funding of
schools
Explanation: SASA’s main purpose is to provide a national framework ensuring that schooling is
accessible, well-regulated, and democratically governed through School Governing Bodies
(SGBs).
Q3.
Who has the legal duty to ensure that a child attends school from age 7 to 15?
a) The child
b) The Department of Basic Education
c) The parent or guardian
d) The local municipality
Answer: c) The parent or guardian
Explanation: According to Section 3 of SASA, parents are legally obliged to ensure school
attendance during the compulsory education phase (grades 1–9 or until age 15).
,Q4.
Which court case confirmed that the right to basic education is immediately realizable and not
subject to progressive availability?
a) Juma Musjid Primary School v Essay NO (2011)
b) Governing Body of Rivonia Primary School v MEC (2013)
c) Harris v Minister of Education (2001)
d) Ex parte Gauteng Education Bill (1996)
Answer: a) Juma Musjid Primary School v Essay NO (2011)
Explanation: The Constitutional Court clarified that basic education under Section 29(1)(a) is
immediately enforceable, unlike socio-economic rights subject to progressive realization.
Q5.
The National Education Policy Act (NEPA) of 1996 empowers which authority to determine
national education policy?
a) Parliament
b) Minister of Basic Education
c) Provincial MECs for Education
d) School Governing Bodies
, Answer: b) Minister of Basic Education
Explanation: NEPA vests authority in the Minister to determine national education policy,
aligned with the Constitution and in consultation with stakeholders.
Q6.
According to SASA, School Governing Bodies (SGBs) must consist of:
a) Teachers only
b) Parents, educators, non-teaching staff, and learners (in secondary schools)
c) Government officials
d) Municipal representatives
Answer: b) Parents, educators, non-teaching staff, and learners (in secondary schools)
Explanation: The composition of SGBs ensures democratic governance by involving key
stakeholders in decision-making.
Q7.
Which principle guides education law in ensuring that learners are treated equally regardless of
race, gender, or disability?
a) Federalism
b) Non-discrimination
Education Law) EXAM STUDY GUIDE
2025/2026 || QUESTIONS & VERIFIED
SOLUTIONS <UPDATED>
Q1.
Which constitutional provision forms the foundation of the right to education in South Africa?
a) Section 10
b) Section 27
c) Section 29
d) Section 32
Answer: c) Section 29
Explanation: Section 29 of the Constitution of the Republic of South Africa, 1996 guarantees
everyone the right to basic education and further education, which the state must make
progressively available and accessible. This section is central to education law.
Q2.
,The South African Schools Act (SASA) of 1996 primarily aims to:
a) Promote higher education research
b) Establish a uniform system for the organization, governance, and funding of schools
c) Protect teachers’ employment contracts
d) Regulate private tertiary institutions
Answer: b) Establish a uniform system for the organization, governance, and funding of
schools
Explanation: SASA’s main purpose is to provide a national framework ensuring that schooling is
accessible, well-regulated, and democratically governed through School Governing Bodies
(SGBs).
Q3.
Who has the legal duty to ensure that a child attends school from age 7 to 15?
a) The child
b) The Department of Basic Education
c) The parent or guardian
d) The local municipality
Answer: c) The parent or guardian
Explanation: According to Section 3 of SASA, parents are legally obliged to ensure school
attendance during the compulsory education phase (grades 1–9 or until age 15).
,Q4.
Which court case confirmed that the right to basic education is immediately realizable and not
subject to progressive availability?
a) Juma Musjid Primary School v Essay NO (2011)
b) Governing Body of Rivonia Primary School v MEC (2013)
c) Harris v Minister of Education (2001)
d) Ex parte Gauteng Education Bill (1996)
Answer: a) Juma Musjid Primary School v Essay NO (2011)
Explanation: The Constitutional Court clarified that basic education under Section 29(1)(a) is
immediately enforceable, unlike socio-economic rights subject to progressive realization.
Q5.
The National Education Policy Act (NEPA) of 1996 empowers which authority to determine
national education policy?
a) Parliament
b) Minister of Basic Education
c) Provincial MECs for Education
d) School Governing Bodies
, Answer: b) Minister of Basic Education
Explanation: NEPA vests authority in the Minister to determine national education policy,
aligned with the Constitution and in consultation with stakeholders.
Q6.
According to SASA, School Governing Bodies (SGBs) must consist of:
a) Teachers only
b) Parents, educators, non-teaching staff, and learners (in secondary schools)
c) Government officials
d) Municipal representatives
Answer: b) Parents, educators, non-teaching staff, and learners (in secondary schools)
Explanation: The composition of SGBs ensures democratic governance by involving key
stakeholders in decision-making.
Q7.
Which principle guides education law in ensuring that learners are treated equally regardless of
race, gender, or disability?
a) Federalism
b) Non-discrimination
