, EDL3703 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026
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reliable solution with clear explanation.
Question 1
1.1 Constitutional requirements for just administrative action (6)
The right to just administrative action is entrenched in Section 33 of the
Constitution of the Republic of South Africa. This section ensures that
all administrative actions, including decisions made by schools, must
meet specific constitutional standards. It protects individuals, including
learners, from unfair or abusive decisions by authorities. The section
also promotes accountability, transparency, and fairness in all
administrative processes. In the school context, this means disciplinary
actions must follow proper legal and constitutional principles. It
ultimately ensures that learners' rights are respected at all times.
The requirements are:
Lawfulness
Administrative action must be authorised by law. This means that a
school must act within the powers granted to it by legislation such as the
Schools Act. Any action taken outside these powers is invalid.
Lawfulness ensures that schools do not act arbitrarily or abuse their
authority when disciplining learners. It also requires that decisions must
be based on rules and policies that are legally recognised. If a school
exceeds its legal authority, the decision can be challenged and set aside
by a court. Therefore, lawfulness protects learners from unlawful or
unfair treatment.
Reasonableness
The decision must be rational and justifiable based on the facts. Schools
cannot make arbitrary or irrational decisions when disciplining learners.
Reasonableness requires that there must be a logical connection between
- DUE March 2026 ; 100% trusted ,comprehensive and complete
reliable solution with clear explanation.
Question 1
1.1 Constitutional requirements for just administrative action (6)
The right to just administrative action is entrenched in Section 33 of the
Constitution of the Republic of South Africa. This section ensures that
all administrative actions, including decisions made by schools, must
meet specific constitutional standards. It protects individuals, including
learners, from unfair or abusive decisions by authorities. The section
also promotes accountability, transparency, and fairness in all
administrative processes. In the school context, this means disciplinary
actions must follow proper legal and constitutional principles. It
ultimately ensures that learners' rights are respected at all times.
The requirements are:
Lawfulness
Administrative action must be authorised by law. This means that a
school must act within the powers granted to it by legislation such as the
Schools Act. Any action taken outside these powers is invalid.
Lawfulness ensures that schools do not act arbitrarily or abuse their
authority when disciplining learners. It also requires that decisions must
be based on rules and policies that are legally recognised. If a school
exceeds its legal authority, the decision can be challenged and set aside
by a court. Therefore, lawfulness protects learners from unlawful or
unfair treatment.
Reasonableness
The decision must be rational and justifiable based on the facts. Schools
cannot make arbitrary or irrational decisions when disciplining learners.
Reasonableness requires that there must be a logical connection between
