ASSIGNMNET 1
Question 1: a code of conduct is set or principles that govern the behavior of individuals.
Question 2: True, Local governments are directly responsible for the provision of schooling
within their municipalities, including funding and management of the education system.
Question 3: False, preventative discipline is concerned with basic rights and clear rules
and consequences.
Question 4: True, “Organ of state” means any department of state or administration in the
executive, legislative or judicial sphere of government.
Question 5: False, Personal rights relate to the rights and freedoms that individuals have by
virtue of being human, such as the right to life, liberty, and security of person.
Question 6: True, 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: True, 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: True, 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”.
1
Question 9: True, The fundamental rights in the Bill of Rights binds all organs of state that
apply and enforce rules of law.
Question 10: True, 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).2
citations
1 Harksen v Lane NO 1997 (11) BCLR 1489 (CC).
2 Technofin Leasing & Finance (Pty) Ltd v Framesby High School and Another 2005 (6) SA 87
(SE)
Question 11: False, The head of department must determine by notice in the provincial
gazette the behavior by the learner at a public school which may constitutes serious
misconduct, the disciplinary proceeding to be followed in such cases and provisions of due
process safeguarding the interests of the learner and another party involved in disciplinary
proceedings.
Question 12: True: 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?3
Question 13: true, 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: False: Most of the Court held that co-operation is not a compulsory norm in
such disputes.
Question 15: False, according to education legislation, a learner who is reasonably
suspected of using illegal drugs may be subjected to a urine or other non-invasive test, but
it must be conducted in a private area and not in view of other individuals. Additionally, the
Question 1: a code of conduct is set or principles that govern the behavior of individuals.
Question 2: True, Local governments are directly responsible for the provision of schooling
within their municipalities, including funding and management of the education system.
Question 3: False, preventative discipline is concerned with basic rights and clear rules
and consequences.
Question 4: True, “Organ of state” means any department of state or administration in the
executive, legislative or judicial sphere of government.
Question 5: False, Personal rights relate to the rights and freedoms that individuals have by
virtue of being human, such as the right to life, liberty, and security of person.
Question 6: True, 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: True, 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: True, 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”.
1
Question 9: True, The fundamental rights in the Bill of Rights binds all organs of state that
apply and enforce rules of law.
Question 10: True, 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).2
citations
1 Harksen v Lane NO 1997 (11) BCLR 1489 (CC).
2 Technofin Leasing & Finance (Pty) Ltd v Framesby High School and Another 2005 (6) SA 87
(SE)
Question 11: False, The head of department must determine by notice in the provincial
gazette the behavior by the learner at a public school which may constitutes serious
misconduct, the disciplinary proceeding to be followed in such cases and provisions of due
process safeguarding the interests of the learner and another party involved in disciplinary
proceedings.
Question 12: True: 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?3
Question 13: true, 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: False: Most of the Court held that co-operation is not a compulsory norm in
such disputes.
Question 15: False, according to education legislation, a learner who is reasonably
suspected of using illegal drugs may be subjected to a urine or other non-invasive test, but
it must be conducted in a private area and not in view of other individuals. Additionally, the
